Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Westpac Life Insurance Services Ltd v Estate of the Late Kylie Marie O'Brien [2019] FCA 1327
File number(s): NSD 1177 of 2019
Judge(s): THAWLEY J
Date of judgment: 8 August 2019
Catchwords: INSURANCE – life insurance – application under s 215 of the Life Insurance Act 1995 (Cth) and r 9.24 of Federal Court Rules 2011 (Cth) – applicant seeks to pay death benefit into Court and discharge its liability under the policy – application granted
Legislation: Federal Court Rules 2011 (Cth) r 9.24(1) Life Insurance Act 1995 (Cth) ss 215(1) and 215(2)
Date of hearing: 8 August 2019
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Category: Catchwords
Number of paragraphs: 17
Solicitor for the Applicant: Mr D Fernando of HWL Ebsworth Lawyers
Counsel for the Respondent: The Respondent did not appear
ORDERS NSD 1177 of 2019
BETWEEN: WESTPAC LIFE INSURANCE SERVICES LIMITED (ACN 003 149 157) Applicant
AND: THE ESTATE OF THE LATE KYLIE MARIE O'BRIEN Respondent
JUDGE: THAWLEY J DATE OF ORDER: 8 AUGUST 2019
THE COURT ORDERS THAT: 1. The applicant pay into Court the amount of $354,786 within 28 days. 2. The applicant's costs of $9500 be paid from the moneys paid into Court within 28 days of their receipt by the Court. 3. Grant liberty to any legal personal representative or any family member of the late Ms O'Brien to apply in relation to the balance of the proceeds remaining in Court after the deduction of the payment of the applicant's costs as contemplated by order 2. 4. The moneys paid into Court remaining after deduction of any costs to be paid to the applicant pursuant to order 2 be held until further order, pending determination of any entitlement of any person to those moneys. 5. Order that the applicant be excused from further attendance before the Court until further order.
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