Associated Dominions Assurance Society Pty Ltd v Balmford [1950] HCA 30

Ay wie Folt ene Pe fie Wienalls

[fe igs Ce 0" faut dl fea Py ae HR uP fen 503) ite

81 C.L.R.] OF AUSTRALIA. 161

[HIGH COURT OF AUSTRALIA.]

ASSOCIATED DOMINIONS ASSURANCE) 4 ar awe SOCIETY PROPRIETARY LIMITED —.f- "??ETEANT;

PLarIntirr, AND BALMFORD 5 ' é i Fi . Responpent. DerenpDant, Time—Computation—* Not less than fourteen days from the date of the notice" — 4. 0, or A. "Date of the notice" —Quaere, date appearing on notice or date of service of 1950. notice — Clear days — Statute — Construction — Parliament — Intention — G~

Life Insurance Act 1945 (No. 28 of 1945), 88. 55, 146—Acts Interpretation Act SYDNEY, 1901-1947 (Wo. 2 of 1901—No. 78 of 1947), #8. 29, 36 (2), 46 (a). Aug. 8, 9, 21.

Section 55 of the Life Insurance Act 1945 provides that, in certain circum- Latham C.J., ate Williams, stances, the Insurance Commissioner may serve on a life insurance company Wan mS

"a notice in writing calling upon it to show cause, within such period, not Fullagar JJ. Jess than fourteen days from the date of the notice, as specified in the notice," why an investigation of the affairs of the company should not be made, and

ied in the notice to show

that "'if the company fails, within the period sp cause to the satisfaction of the commissioner," the investigation may be made.

Held, by Williams, Webb and Fullagar JJ. (Latham C.J. dissenting), that the "date of the notice" is the date of the service of the notice in writing upon the company, and is not the date the document bears on its face.

On Monday 3rd May 1948, the commissioner served on a company a notice in writing, bearing a date 30th April 1948, calling upon the company " to show cause within the period of fourteen days next ensuing after the "

2nd May 1948, why an inv

Held, (1) by Williams, Webb and Fullagar JJ. (Latham C.J. dissenting), that the notice was not a valid notice under s. 55 of the Life Insurance Act 1945; and