Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
QBE Insurance (Australia) Limited v Martin Insurance Agencies Pty Ltd [2018] FCA 903 File number: NSD 916 of 2018
Judge: ALLSOP CJ
Date of judgment: 13 June 2018
Catchwords: INSURANCE – claim against former insurance agent and authorised representative – obligation of agent to deliver records and correspondence of principal, upon request, to principal
Materials cited: Watts P and Reynolds FMB, Bowstead and Reynolds on Agency (21st ed, Sweet & Maxwell, 2018)
Date of hearing: 13 June 2018
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: 10
Solicitor for the Applicant: Mr P Hegarty of Hegarty Legal
Counsel for the Respondent: Mr B Koch
Solicitor for the Respondent: Crawford Legal
ORDERS NSD 916 of 2018
BETWEEN: QBE INSURANCE (AUSTRALIA) LIMITED (ACN 003 191 035) Applicant
AND: MARTIN INSURANCE AGENCIES PTY LTD (ACN 008 032 120) Respondent
JUDGE: ALLSOP CJ DATE OF ORDER: 13 JUNE 2018
THE COURT ORDERS THAT:
1. On or before 29 June 2018, the respondent, through an officer familiar with the claim, file and serve an affidavit, or affidavits, setting out the facts, matters and circumstances giving rise to a defence to the claims in the proceeding, in particular the claims for the repayment of money and the overcharging of Shahin Enterprises Pty Ltd. 2. On or before 29 June 2018, the respondent file and serve its defence to the statement of claim. 3. On or before 13 July 2018, the respondent produce to the applicant, or a person appointed by the applicant, all books, correspondence and documents (both in electronic and paper form) under its control relating to the affairs of the applicant, insofar as they relate to the claims made in the originating application and statement of claim. 4. Any application to vary orders 1, 2 or 3 be made on notice, supported by affidavit material, and be listed before Lee J. 5. The matter be listed for further case management at 9:30am on 5 September 2018. 6. There be liberty to apply on three days' notice. THE COURT NOTES THAT: 7. The parties intend to conduct a private mediation prior to 17 August 2018. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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