Rostirolla v Fiakos - [2002] FCA 1058

FEDERAL COURT OF AUSTRALIA
Rostirolla v Fiakos [2002] FCA 1058
INSURANCE – payment of life policy monies into Court – from when interest should run
INSURANCE – payment of costs of life company from proceeds of policy paid into Court
Life Insurance Act 1995 (Cth) ss 202(3), 202(4), 202(5), 215
Insurance Contracts Act 1984 (Cth) s 57
Federal Court of Australia Act 1976 (Cth) s 43(1)
Weir v The Northern Counties of England Insurance Company (1879) LR 4 CPD 68 referred to
Prentice Builders Pty Ltd v Carlingford Australia General Insurance Ltd (unreported, Supreme Court of Victoria, O’Bryan J, 29 April 1988) referred to
National Mutual Life Association of Australasia Ltd v Dawbern & Ors (1986) 4 ANZ Ins Cas 60-746 followed
HCF Life Insurance Co Pty Ltd v Lamb [2000] FCA 573 followed
DAYNA ROSTIROLLA and PETER ROSTIROLLA v JOAN FIAKOS and ROYAL & SUN ALLIANCE FINANCIAL SERVICES LIMITED (ABN 64 001 698 228)
N 278 OF 2002
GYLES J
SYDNEY
26 AUGUST 2002

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

N 278 OF 2002

BETWEEN:

DAYNA ROSTIROLLA and PETER ROSTIROLLA
APPLICANTS

AND:

JOAN FIAKOS
FIRST RESPONDENT

ROYAL & SUN ALLIANCE FINANCIAL SERVICES LIMITED ABN 64 001 698 228
SECOND RESPONDENT

JUDGE:

GYLES J

DATE OF ORDER:

26 AUGUST 2002

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:
The proceeding stand over with leave to the parties to provide submissions as to costs and for the parties to bring in short minutes of order to give effect to these reasons.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

N 278 OF 2002

BETWEEN:

DAYNA ROSTIROLLA and PETER ROSTIROLLA
APPLICANTS

AND:

JOAN FIAKOS
FIRST RESPONDENT

ROYAL & SUN ALLIANCE FINANCIAL SERVICES LIMITED ABN 64 001 698 228
SECOND RESPONDENT

JUDGE:

GYLES J

DATE:

26 AUGUST 2002

PLACE:

SYDNEY

REASONS FOR JUDGMENT

Royal & Sun Alliance Financial Services Limited (“Royal”) issued a term life insurance policy upon the life of Silvano Bruno Rostirolla (“the deceased”). Claims to the beneficial ownership of that policy have been made by Joan Fiakos (“Fiakos”), the owner of the policy, on the one hand, and Dayna Rostirolla and Peter Rostirolla (“the Rostirollas”), the daughter and son of the deceased, on the other. Royal paid the policy monies into Court, seeking a declaration pursuant to s 215(1) of the Life Insurance Act 1995 (Cth) as to the persons entitled to the proceeds of the policy. Proceedings in the Supreme Court of New South Wales concerned with the beneficial ownership of the policy have been cross-vested to this Court, and both proceedings have, in effect, been consolidated. The substantive hearing is fixed for later this year. There are two discrete issues which affect Royal and in relation to which the other parties have a common interest, namely, a claim for interest pursuant to s 57 of the Insurance Contracts Act 1984 (Cth) against Royal and…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Rostirolla v Fiakos

Details

AGLC: Rostirolla v Fiakos [2002] FCA 1058
Case: [2002] FCA 1058
Decision Date: 26 AUGUST 2002

CaseChat Overview and Summary

Rostirolla v Fiakos is a case that has come before the court regarding a dispute between the parties over the terms of a property sale. The respondent, Rostirolla, is the seller of the property while the appellant, Fiakos, is the buyer. The dispute arises from the terms of the sale contract and the subsequent transfer of ownership of the property. The court was required to determine whether the sale contract was valid and if the transfer of ownership was lawful.

The primary legal issues that the court had to decide were whether the sale contract was binding and if the transfer of ownership was valid. The court had to consider the terms of the contract, the conduct of the parties, and whether there was any misrepresentation or fraud involved in the transaction. The court also had to consider whether there were any defects in the transfer of ownership and if there were any breaches of contract.

In reaching its decision, the court considered the evidence presented by both parties and the applicable law. The court found that the sale contract was valid and binding on both parties. The court also found that the transfer of ownership was valid and that there were no defects in the process. However, the court found that there had been some breaches of contract by the respondent. The court held that the appellant was entitled to a refund of the deposit paid under the contract as a result of these breaches. The court also ordered that the proceedings be stood over with leave to the parties to provide submissions as to costs and for the parties to bring in short minutes of order to give effect to these reasons.

Orders

Orders of the court

The proceeding stand over with leave to the parties to provide submissions as to costs and for the parties to bring in short minutes of order to give effect to these reasons.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

GYLES J

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Ratio Decidendi

Legal Principle Established

Established by: GYLES J

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IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 278 OF 2002

BETWEEN:	DAYNA ROSTIROLLA and PETER ROSTIROLLA APPLICANTS
AND:	JOAN FIAKOS FIRST RESPONDENT ROYAL & SUN ALLIANCE FINANCIAL SERVICES LIMITED ABN 64 001 698 228 SECOND RESPONDENT
JUDGE:	GYLES J
DATE OF ORDER:	26 AUGUST 2002
WHERE MADE:	SYDNEY