MLC Limited v Crickitt

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FEDERAL COURT OF AUSTRALIA

MLC Limited v Crickitt [2017] FCA 898

File number: NSD 1114 of 2017
Judge: ALLSOP CJ
Date of judgment: 3 August 2017
Catchwords: INSURANCE – life insurance – application under s 215 of the Life Insurance Act 1995 (Cth) – respondent convicted of murder of life insured – respondent seeks to appeal – applicant seeks to pay death benefit into Court and discharge its liability under the policy – application granted
Legislation: Life Insurance Act 1995 (Cth), s 215
Cases cited: Westpac Life Insurance Services Limited v Mahony [2016] FCA 1071
Date of hearing: 3 August 2017
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Insurance List
Category: Catchwords
Number of paragraphs: 8
Counsel for the Applicant: Ms BK Nolan
Solicitor for the Applicant: Norton Rose Fulbright
Counsel for the Respondent: Ms A Hawkins
Solicitor for the Respondent: Streeton Lawyers
Counsel for the Substitute Executor: Ms M Pringle
Solicitor for the Substitute Executor: Maurice Blackburn Lawyers

ORDERS

NSD 1114 of 2017
BETWEEN:

MLC LIMITED

Applicant
AND:

BRIAN CRICKITT

Respondent

JUDGE:

ALLSOP CJ

DATE OF ORDER:

3 AUGUST 2017

THE COURT ORDERS THAT:

1.The sum of $568,230 (the death benefit) when paid into Court represents the amount payable by the applicant under the policy number 8207410U issued by the applicant to the trustees of the Heart and Soul Superannuation Fund on or about 22 March 2005 naming Christine Crickitt, the deceased, and the respondent, Brian Crickitt (in their capacity as trustees of the Heart and Soul Superannuation Fund) as policy owners, and the deceased as the life insured.

2.The death benefit, when paid into Court, has been paid by the applicant pursuant to the provisions of s 215(1) of the Life Insurance Act 1995 (Cth).

3.Upon payment into court by the applicant of the whole of the death benefit, the applicant be discharged from any further liability in relation to that death benefit.

4.The question of the applicant’s costs of and incidental to this application be reserved to be dealt with on the papers.

5.The respondent and the children of the late Christine Crickitt have liberty to apply to the Court in relation to the further conduct of these proceedings upon the resolution of any appeal from the conviction of Mr Crickitt in relation to the death of Mrs Crickitt and to vary the date in order 6 below.

6.The matter be listed for further case management at 9:30am on Wednesday 4 April 2018.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.


REASONS FOR JUDGMENT
(Revised from the transcript)

ALLSOP CJ:

  1. This is an application brought by MLC Limited, being the insurer of life policy number 8207410U, for payment of a death benefit into Court pursuant to s 215 of the Life Insurance Act 1995 (Cth) (the Act). The circumstances which give rise to the application for payment of a death benefit into Court…

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Details
Case
[2017] FCA 898
Decision Date

CaseChat Overview and Summary

MLC Limited applied to the Federal Court to pay a life insurance death benefit into Court and be discharged from further liability under the policy, following the conviction of the policy owner for the murder of the deceased. The deceased's husband, Brian Crickitt, was convicted of her murder and sought to appeal his conviction. MLC Limited sought to discharge its liability under the policy, arguing that the death benefit should be paid into Court pending the outcome of the appeal, in accordance with section 215 of the Life Insurance Act 1995 (Cth). The legal issues before the Court were whether the death benefit should be paid into Court and whether MLC Limited should be discharged from any further liability in relation to the death benefit.

The Court found that the death benefit should be paid into Court and that MLC Limited should be discharged from any further liability in relation to the death benefit. The Court noted that the death benefit should be paid into Court because the policy owner had been convicted of the deceased's murder and was seeking to appeal his conviction. The Court held that this was an exceptional circumstance that warranted the payment of the death benefit into Court. The Court also found that MLC Limited should be discharged from any further liability in relation to the death benefit once the whole of the death benefit had been paid into Court. The Court held that this was appropriate because MLC Limited had fulfilled its obligations under the policy by paying the death benefit into Court.

The Court made orders that the death benefit be paid into Court and that MLC Limited be discharged from any further liability in relation to the death benefit once the whole of the death benefit had been paid into Court. The Court also made orders reserving the question of MLC Limited’s costs of and incidental to the application to be dealt with on the papers, granting the respondent and the children of the late Christine Crickitt liberty to apply to the Court in relation to the further conduct of these proceedings upon the resolution of any appeal from the conviction of Mr Crickitt in relation to the death of Mrs Crickitt, and listing the matter for further case management.

Orders

Orders of the court

1. The sum of $568,230 (the death benefit) when paid into Court represents the amount payable by the applicant under the policy number 8207410U issued by the applicant to the trustees of the Heart and Soul Superannuation Fund on or about 22 March 2005 naming Christine Crickitt, the deceased, and the respondent, Brian Crickitt (in their capacity as trustees of the Heart and Soul Superannuation Fund) as policy owners, and the deceased as the life insured.

2. The death benefit, when paid into Court, has been paid by the applicant pursuant to the provisions of s 215(1) of the Life Insurance Act 1995 (Cth).

3. Upon payment into court by the applicant of the whole of the death benefit, the applicant be discharged from any further liability in relation to that death benefit.

4. The question of the applicant’s costs of and incidental to this application be reserved to be dealt with on the papers.

5. The respondent and the children of the late Christine Crickitt have liberty to apply to the Court in relation to the further conduct of these proceedings upon the resolution of any appeal from the conviction of Mr Crickitt in relation to the death of Mrs Crickitt and to vary the date in order 6 below.

6. The matter be listed for further case management at 9:30am on Wednesday 4 April 2018.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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