Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Brown v Hannover Life Re of Australasia Ltd [2020] FCA 1391 File number: NSD 1353 of 2019
Judgment of: ALLSOP CJ
Date of judgment: 28 September 2020
Catchwords: INSURANCE – Insurance Contracts Act 1984 (Cth) – interest on claims – where insurer liable to pay to a person an amount under a contract of insurance – whether insurer liable to pay interest on the amount to that person – period in respect of which interest payable – date from which unreasonable for insurer to have withheld payment of the amount
Legislation: Insurance Contracts Act 1984 (Cth) s 57
Cases cited: Bankstown Football Club Limited v CIC Insurance Limited (unreported, Sup Ct, NSW, Cole J, 17 December 1993)
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance – Insurance List
Number of paragraphs: 129
Date of last submissions: 17 April 2020
Date of hearing: Determined on the papers
Counsel for the Applicant: A Katsoulas
Solicitor for the Applicant: Firths - The Compensation Lawyers
Counsel for the Respondent: I S Wylie
Solicitor for the Respondent: William Roberts Lawyers
ORDERS NSD 1353 of 2019
BETWEEN: YVETTE BROWN (a pseudonym) Applicant
AND: HANNOVER LIFE RE OF AUSTRALASIA LTD (ABN 37 062 395 484) Respondent
JUDGE: ALLSOP CJ DATE OF ORDER: 28 sEPTEMBER 2020
THE COURT ORDERS THAT:
1. Within 14 days, after consultation with the respondent, the applicant file draft short minutes to give effect to the reasons published today. 2. Liberty to both parties to apply to deal with any dispute concerning the orders to be made. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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