Anthony Hitchens v Zurich Australia Limited [2011] NSWSC 1198

Supreme Court New South Wales

Medium Neutral Citation: Anthony Hitchens v Zurich Australia Limited [2011] NSWSC 1198 Hearing dates: 15 July 2011 and 24 August 2011 Decision date: 12 October 2011 Jurisdiction: Equity Division Before: Bergin CJ in Eq Decision: Leave granted to the defendant to amend the Defence Catchwords: [APPEAL] - where leave to amend refused - whether error in refusal of grant of leave

[INSURANCE] - where plaintiff's claim alleges that contract of insurance terminated on acceptance of defendant's repudiation - whether in those circumstances it is reasonably arguable that contract of insurance was subsequently avoided under s 29 of the Insurance Contracts Act 1984 (Cth) Legislation Cited: Civil Procedure Act 2005 Insurance Contracts Act 1984 (Cth) Uniform Civil Procedure Rules 2005 Cases Cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175 Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Hitchens v Zurich [2011] NSWSC 66 Larratt v Bankers & Traders Insurance Co Ltd (1941) 41 SR (NSW) 215 McDonald v Dennys Lascelles Limited (1933) 48 CLR 457 Saeed v Minister for Immigration and Citizenship (2010) 241 CLR 252 Shi v Migration Agents Registration Authority (2008) 235 CLR 286 Tyndall Life Insurance Co Ltd v Chisholm [1999] SASC 445 Texts Cited: D Derrington and R Ashton, The Law of Liability Insurance (2nd Ed, 2005) Category: Principal judgment Parties: Anthony Hitchens (Plaintiff/Respondent) Zurich Australia Limited (Defendant/Appellant) Representation: B W Rayment QC/M Gollan (Plaintiff/Respondent) R Cavanagh SC/S J Walsh (Defendant/Appellant) Firths (Plaintiff/Respondent) TurksLegal (Defendant/Appellant) File Number(s): 2009/291452 Publication restriction: Nil