Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wrigley v Insurance Australia Limited [2016] FCA 638 File number: TAD 3 of 2015
Judge: MOSHINSKY J
Date of judgment: 2 June 2016
Catchwords: INSURANCE – home and contents insurance policy – residential dwelling severely damaged by fire – insurer alleged that the fire was started by the home owners – whether insurer established on the balance of probabilities that the owners started the fire
Legislation: Criminal Code Act 1924 (Tas), Sch 1, ss 267, 268 and 269 Evidence Act 1995 (Cth), s 140 Insurance Contracts Act 1984 (Cth), ss 13, 54, 57
Cases cited: Ashby v Slipper (2014) 219 FCR 322 Commonwealth v Fernando (2012) 200 FCR 1 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Australian Competition and Consumer Commission (2007) 162 FCR 466
Date of hearing: 7, 8, 9, 10 and 11 March 2016
Registry: Tasmania
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Category: Catchwords
Number of paragraphs: 96
Counsel for the Applicants: DJ Gunson SC with S Chopping
Solicitor for the Applicants: S Chopping
Counsel for the Respondent: M Douglas
Solicitor for the Respondent: Dohertys Barristers & Solicitors
ORDERS TAD 3 of 2015
BETWEEN: BRETT ROBERT WRIGLEY First Applicant
YVONNE WRIGLEY Second Applicant
AND: INSURANCE AUSTRALIA LIMITED (ACN 000 016 722) TRADING AS NRMA INSURANCE Respondent
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