Associated Dominions Assurance Society Pty Ltd v Balmford [1951] HCA 14

High Court of Australia McTiernan J. Dixon, Webb and Kitto JJ. Associated Dominions Assurance Society Pty Ltd v Balmford

ORDER Appeal dismissed with costs.

Cur. adv. vult.

April 26 McTiernan J.

The applicant in this motion is a life insurance company and is subject to the Life Insurance Act 1945-1950 Cth.. The Insurance Commissioner has power under Division 7 of the Act to make an investigation of the company's business or to cause it to be made. He intends to exercise this power. It is a preliminary condition to the exercise of the power that the commissioner should conform with s. 55 of the Act. He gave to the company notice under this section declaring that it appeared to him that the company is likely to become unable to meet its obligations and calling on it to show cause why he should not on that ground appoint Sidney William Caffin to investigate the whole of the company's life-insurance business and report to the commissioner the results of his investigations. The company within the time allowed by the notice gave to the commissioner a lengthy written communication declaring that the purpose thereof was to show cause as required by the notice. The commissioner intends to proceed in accordance with the terms of the notice on the footing that the company has failed to show cause to his satisfaction. The action brought by the company against the commissioner raises the question of his right to proceed with the investigation and claims an injunction. On 18th April the company applied ex parte for an interim injunction. An order was made restraining the commissioner until a motion which the company was given leave to serve was heard. The motion sought an injunction until the hearing of the action. It was returnable on 19th April 1951. When the motion came on for hearing it was by consent adjourned and the interim injunction was by consent continued until the motion was heard.