Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AIA Australia Limited v Richards (No 4) [2017] FCA 1100 File number: NSD 1853 of 2016
Judge: ALLSOP CJ
Date of judgment: 20 September 2017
Catchwords: INSURANCE – fraudulent claims made by respondent under life insurance contract – summary judgment entered in favour of applicant – quantification of judgment sum – making of declarations
Legislation: Insurance Contracts Act 1984 (Cth), s 56
Cases cited: AIA Australia Ltd v Richards (No 3) [2017] FCA 1069
Date of hearing: Determined on the papers
Date of last submissions: 13 September 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: 4
Counsel for the Applicant: Ms R Francois
Solicitor for the Applicant: William Roberts Lawyers
Counsel for the Respondent: The Respondent did not appear
ORDERS NSD 1853 of 2016
BETWEEN: AIA AUSTRALIA LIMITED (ABN 79 004 837 861) Applicant
AND: VINCENT BRIAN RICHARDS Respondent
JUDGE: ALLSOP CJ DATE OF ORDER: 20 SEPTEMBER 2017
THE COURT ORDERS THAT:
1. Judgment be entered in favour of the applicant including pre-judgment interest up to 20 September 2017 in the sum of $69,722.71. THE COURT DECLARES THAT: 2. On 19 October 2016, the applicant validly refused to pay claims made by the respondent pursuant to s 56(1) of the Insurance Contracts Act 1984 (Cth). 3. The contract of insurance between the applicant and the respondent was validly cancelled by the applicant on 19 October 2016. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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