Faulkner v Ace Insurance Limited (No 2)

[2011] NSWADT 70

Administrative Decisions Tribunal

New South Wales

Medium Neutral Citation:

Faulkner v ACE Insurance Limited (No 2) [2011] NSWADT 70

Hearing dates:

On the papers

Decision date:

06 April 2011

Before:

R Wright SC,Judicial Member
B Weule, Non-Judicial Member
J Schneeweiss, Non-Judicial Member

Decision:

The Tribunal

1) Confirms orders 1 and 2 made on 23 February 2011.

2) Otherwise, declines to take any further action in the matter.

Catchwords:

Race Discrimination - Goods and Services - Direct Discrimination - Indirect Discrimination

Category:

Consequential orders

Parties:

David Richard Faulkner (Applicant)
ACE Insurance Ltd (Respondent)

Representation:

Counsel
C Ronalds (Respondent)
D Faulkner (Applicant in person)
Radford Lawyers (Respondent)

File Number(s):

101064

reasons for decision

1. On 23 February 2011, the Tribunal published its substantive decision in this matter and its orders were stated to be that the Tribunal:

1) Finds that the complaint in so far as it relates to ACE Insurance Ltd's refusal to supply insurance services under the American Express Repayment Protection Policy to Mr Faulkner in August-September 2009 is substantiated.

2) Dismisses those parts of the complaint that relate to the Ina-suitcase Policy and the American Express Credit Protection Policy.

3)Directs:

(a)The respondent to file and serve within 7 days of the date of these orders an affidavit from a senior executive of the respondent giving a full explanation of why the updated policy wording for the American Express Repayment Plan Policy cannot be uploaded onto the internet prior to some time in March 2011.

(b)If the applicant wishes to apply for any further orders, in the light of the affidavit to be filed by the respondent or otherwise, such application is to be made by filing and serving a notice of application together with written submissions within 7 days of the filing of the affidavit referred to in the preceding direction.

(c)The respondent to file any written submissions in reply within 7 days of the filing of the notice of application referred to in the preceding direction.

(d)Any application made by the applicant under direction (b) will be dealt with on the papers.

1. The respondent filed and served the affidavit referred to direction 3(a).

1. The applicant has not filed any application under direction 3(b).

1. In the absence of any further application by the applicant, the Tribunal:

1)Confirms orders 1 and 2 made on 23 February 2011.

2)Otherwise, declines to take any further action in the matter.

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Decision last updated: 06 April 2011