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. REASONS FOR JUDGMENT ALLSOP CJ: 1 On 11 September 2017, I made orders in relation to this matter and published reasons: see AIA Australia Ltd v Richards (No 3) [2017] FCA 1069. I directed that the applicant file a schedule of sums paid after February 2016, together with pre-judgment interest thereof. I attach the schedule which was filed on 13 September 2017. I have checked that schedule and there is an inaccuracy. The judgment sum should be $90.85 less than the sum indicated of $69,813.56. Therefore, the orders that I make will include an order for judgment in the sum of $69,722.71. 2 In accordance with my reasons in Richards (No 3), the applicant is also entitled to the declarations sought in prayers 1(a) and (b) of the interlocutory application filed 21 July 2017. 3 I have already made an order for costs. 4 Therefore, the orders I would make, in addition to the orders made on 11 September 2017 are as follows: 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. 2. Declare that: (a) 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); and (b) the contract of insurance between the applicant and the respondent was validly cancelled by the applicant on 19 October 2016. I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Chief Justice Allsop. Associate: Dated: 20 September 2017 ANNEXURE A – SCHEDULE OF CLAIMED PAYMENTS AND INVESTIGATION COSTS ANNEXURE B – CORRECTED SCHEDULE OF CLAIMED PAYMENTS AND INVESTIGATION COSTS