Guild Insurance Limited v Pham [2016] FCA 1105

FEDERAL COURT OF AUSTRALIA

Guild Insurance Limited v Pham [2016] FCA 1105 File number: VID 733 of 2016

Judge: ALLSOP CJ

Date of judgment: 5 September 2016

Catchwords: INSURANCE – where to date there has been no clear identification of coverage issues in dispute – where respondent ordered to file and serve document setting out position on the existence of cover – matter transferred from Insurance List to docket judge

Date of hearing: 5 September 2016

Registry: Victoria

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Commercial Contracts, Banking, Finance and Insurance

Category: Catchwords

Number of paragraphs: 14

Counsel for the Applicant:: Mr J Richardson

Solicitor for the Applicant: Wotton + Kearney

Counsel for the Respondent: The Respondent appeared in person

ORDERS VID 733 of 2016

BETWEEN: GUILD INSURANCE LIMITED (ACN 55 004 538 863) Applicant

AND: CATHY PHAM Respondent

JUDGE: ALLSOP CJ DATE OF ORDER: 5 SEPTEMBER 2016

THE COURT ORDERS THAT:

1. By 19 September 2016, the respondent file and serve a statement of position, whether by way of submissions or detailed exposition, which sets out her position in relation to paragraphs [6], [7], and [8] of the applicant's statement of claim and whether or not the insurance policy was in existence for her benefit after 1 July 2014. Such document should identify, as far as possible, the legal and factual contentions in relation to this issue. The document is to be entitled, "The Respondent's Position on the Existence of Cover after 1 July 2014". 2. The matter be transferred to the docket of Justice Beach. 3. The costs of today's proceedings be costs in the application. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.