Federal Court of Australia
Federal Court of Australia
Australian Securities and Investments Commission v Youi Pty Ltd [2020] FCA 1701 File number: QUD 108 of 2020
Judgment of: ALLSOP CJ
Date of judgment: 26 November 2020
Catchwords: INSURANCE – where plaintiff alleges that the defendant insurer failed to handle claim made under a home building and contents insurance policy with full and frank disclosure, fairness, and in a timely manner – where plaintiff seeks declaratory relief in respect of alleged breaches by the insurer of the duty of utmost good faith in contravention of s 13 of the Insurance Contracts Act 1984 (Cth) – where insurer has admitted several breaches of the duty of utmost good faith – whether insurer's conduct should sound in the making of one or multiple declarations
Legislation: Federal Court of Australia Act 1976 (Cth) s 21 Insurance Contracts Act 1984 (Cth) s 13
Cases cited: CGU Insurance Ltd v AMP Financial Planning Pty Ltd [2007] HCA 36; 235 CLR 1 Delor Vue Apartments CTS 39788 v Allianz Australia Insurance Ltd (No 2) [2020] FCA 588; 379 ALR 117 Rural Press Ltd v Australian Competition & Consumer Commission [2003] HCA 75; 216 CLR 53
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: 71
Date of last submissions: 28 August 2020
Date of hearing: Determined on the papers
Counsel for the Plaintiff: Mr S Donaldson SC with Mr D Luxton and Mr A Ounapuu
Solicitor for the Plaintiff: Johnson Winter & Slattery
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