MLC Limited v Crickitt [2017] FCA 898

FEDERAL COURT OF AUSTRALIA

MLC Limited v Crickitt [2017] FCA 898

File number: NSD 1114 of 2017

Judge: ALLSOP cJ

Date of judgment: 3 August 2017

Catchwords: INSURANCE – life insurance – application under s 215 of the Life Insurance Act 1995 (Cth) – respondent convicted of murder of life insured – respondent seeks to appeal – applicant seeks to pay death benefit into Court and discharge its liability under the policy – application granted

Legislation: Life Insurance Act 1995 (Cth), s 215

Cases cited: Westpac Life Insurance Services Limited v Mahony [2016] FCA 1071

Date of hearing: 3 August 2017

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

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

Category: Catchwords

Number of paragraphs: 8

Counsel for the Applicant: Ms BK Nolan

Solicitor for the Applicant: Norton Rose Fulbright

Counsel for the Respondent: Ms A Hawkins

Solicitor for the Respondent: Streeton Lawyers

Counsel for the Substitute Executor: Ms M Pringle

Solicitor for the Substitute Executor: Maurice Blackburn Lawyers

ORDERS NSD 1114 of 2017

BETWEEN: MLC LIMITED Applicant

AND: BRIAN CRICKITT Respondent

JUDGE: ALLSOP CJ DATE OF ORDER: 3 AUGUST 2017

THE COURT ORDERS THAT:

1. The sum of $568,230 (the death benefit) when paid into Court represents the amount payable by the applicant under the policy number 8207410U issued by the applicant to the trustees of the Heart and Soul Superannuation Fund on or about 22 March 2005 naming Christine Crickitt, the deceased, and the respondent, Brian Crickitt (in their capacity as trustees of the Heart and Soul Superannuation Fund) as policy owners, and the deceased as the life insured. 2. The death benefit, when paid into Court, has been paid by the applicant pursuant to the provisions of s 215(1) of the Life Insurance Act 1995 (Cth). 3. Upon payment into court by the applicant of the whole of the death benefit, the applicant be discharged from any further liability in relation to that death benefit. 4. The question of the applicant's costs of and incidental to this application be reserved to be dealt with on the papers. 5. The respondent and the children of the late Christine Crickitt have liberty to apply to the Court in relation to the further conduct of these proceedings upon the resolution of any appeal from the conviction of Mr Crickitt in relation to the death of Mrs Crickitt and to vary the date in order 6 below. 6. The matter be listed for further case management at 9:30am on Wednesday 4 April 2018. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.