Swiss Re Life & Health Australia Ltd v Public Trustee of Queensland [2017] FCA 963

FEDERAL COURT OF AUSTRALIA

Swiss Re Life & Health Australia Ltd v Public Trustee of Queensland [2017] FCA 963 File number: NSD 823 of 2017

Judge: ALLSOP CJ

Date of judgment: 18 August 2017

Catchwords: INSURANCE – life insurance – application under s 215 of the Life Insurance Act 1995 (Cth) – beneficiary of life insurance policy charged with murder of life insured – 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

Date of hearing: Determined on the papers

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: 18

Solicitor for the Applicant: TurksLegal

Counsel for the Applicant: Mr JG Duncan

Solicitor for the First Respondent: Office of the Official Solicitor of the Public Trustee of Queensland

Counsel for the First Respondent: Mr RT Whiteford

Counsel for the Second Respondent: The Second Respondent did not appear

ORDERS NSD 823 of 2017

BETWEEN: SWISS RE LIFE & HEALTH AUSTRALIA LTD (ABN 28 004 360 909) Applicant

AND: THE PUBLIC TRUSTEE OF QUEENSLAND First Respondent

AP Second Respondent

JUDGE: ALLSOP CJ DATE OF ORDER: 18 AUGUST 2017

THE COURT DECLARES THAT:

1. The sum of $57,881.00, when paid into Court, represents the amount payable by the applicant under policy number 410264209 issued by the applicant to the late MP on or about 22 November 2010 in respect of which the beneficiaries were the late EP and AP and that when such sums (representing what may have been the interest of AP) are paid into Court pursuant to the provisions of s 215(1) of the Life Insurance Act 1995 (Cth), the applicant be discharged from any further liability in relation to that death benefit that may have arisen in respect of the 50 per cent benefit of the policy in favour of AP. THE COURT ORDERS THAT: 1. Within 14 days, the applicant file and serve upon the second respondent a copy of these reasons and an itemised Bill of Costs together with a letter drawing the second respondent's attention to Order 4 below. 2. Stand over the proceedings otherwise until Friday, 24 November 2017 at 9.30am for directions should the first or second respondent wish to deal with the proceeds paid into Court. 3. Until further order, the name of the second respondent and any information on the Court file that would reveal his identity not be made available to anyone other than the parties to the proceedings without leave of a judge of the Court. 4. Grant liberty to the applicant to apply within 14 days for a sum of costs, such application, submissions and any material to be to filed and served on the first and second respondents in furtherance of Order 1 above. The Court will deal with the question of costs thereafter on the papers. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.