Federal Court of Australia
Federal Court of Australia
Resolution Life Australasia Limited v Mitchell [2024] FCA 310 File number(s): NSD 263 of 2022
Judgment of: WIGNEY J
Date of judgment: 28 March 2024
Catchwords: INSURANCE – appeal from determination of the Australian Financial Complaints Authority (AFCA) – whether AFCA erred in law in failing to provide the applicant procedural fairness by failing to identify and give the applicant notice of certain issues which turned out to be material to its determination and thereby failing to give the applicant an opportunity to adduce evidence or make submissions concerning those issues – whether AFCA erred in law by applying s 13 of the Insurance Contracts Act 1984 (Cth) in circumstances where the respondent was not a party to the insurance policy – whether AFCA erred in law by misconstruing terms of the insurance policy or making a decision inconsistent with the terms of the policy – appeal allowed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth), s 43(6) Corporations Act 2001 (Cth), Pt 7.10A Insurance Contracts Act 1984 (Cth), ss 11 (definition of 'third party beneficiary'), 13 Safety, Rehabilitation and Compensation Act 1988 (Cth), s 19(2)
Cases cited: AIA Australia Ltd v Lancaster [2017] FCA 962 AIA Australia Ltd v Sharma (2023) 408 ALR 490; [2023] FCAFC 42 Clements v Independent Indigenous Advisory Committee (2003) 131 FCR 28; [2003] FCAFC 28 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576; [1994] FCA 293 Haritos v Commissioner of Taxation (2015) 233 FCR 315; [2015] FCAFC 92 Host-Plus (Qld) Pty Limited v Kelley [2009] FCA 1504 Lykogiannis v Retail Employees Superannuation Pty Ltd (2000) 97 FCR 361; [2000] FCA 327 MZAPC v Minister for Immigration and Border Protection (2022) 273 CLR 506; [2021] HCA 17 Nathanson v Minister for Home Affairs (2022) 276 CLR 80; [2022] HCA 26 QSuper Board v Australian Financial Complaints Authority Ltd and Another (2020) 276 FCR 97; [2020] FCAFC 55 Sharma v H.E.S.T. Australia Ltd (2022) 159 ACSR 635; [2022] FCA 536 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152: [2006] HCA 63
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