RGA Reinsurance Company of Australia Ltd v Westpac Life Insurance Services Ltd [2020] NSWSC 1299

Supreme Court New South Wales

Medium Neutral Citation: RGA Reinsurance Company of Australia Ltd v Westpac Life Insurance Services Ltd [2020] NSWSC 1299 Hearing dates: 15 September 2020 Date of orders: 23 September 2020 Decision date: 23 September 2020 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Summons to be dismissed Catchwords: INSURANCE – reinsurance – reinsurance treaty – where reinsurer apprehends insurer may have sold or transferred reinsured policies in breach of term of treaty – where reinsurer seeks to exercise rights to call for documents under treaty – where reinsurer did not tender documents provided to it by insurer likely to cast light on whether any such breach occurred – where request must be reasonable – whether reasonableness of request could be assessed without seeing such documents – whether other bases to resist production made out PRACTICE AND PROCEDURE – discovery – preliminary discovery – whether it appears that applicant may have a cause of action – whether it appears applicant has made reasonable inquiries Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: AG v Selwyn Mine Ltd [2005] FCA 801; (2005) 223 ALR 238 Glencore International AG v Selwyn Mine Ltd [2005] FCA 801; (2005) 223 ALR 238 Hatfield v TCN Nine Pty Ltd (2010) 77 NSWLR 506; [2010] NSWSC 69 O'Connor v O'Connor [2018] NSWCA 214 St George Bank Ltd v Rabo Australia Ltd [2004] FCA 1360; (2004) 211 ALR 147 Category: Principal judgment Parties: RGA Reinsurance Company of Australia Ltd (Plaintiff) Westpac Life Insurance Services Ltd (Defendant) Representation: Counsel: P S Braham SC with J Dooley (Plaintiff) R G McHugh SC with P M Knowles (Defendant)