Te Awe Awe v The Colonial Mutual Life Assurance Society Limited
[2012] QDC 276
•21 August 2012
DISTRICT COURT OF QUEENSLAND
CITATION:
Te Awe Awe v The Colonial Mutual Life Assurance Society Limited [2012] QDC 276
PARTIES:
RANGIKAPIKI TE AWE AWE
(Applicant)
v
THE COLONIAL MUTUAL LIFE ASSURANCE SOCIETY LIMITED
(Respondent)
FILE NO:
978/2012
DIVISION:
PROCEEDING:
Application for declarations
ORIGINATING COURT:
Brisbane
DELIVERED ON:
21 August 2012
DELIVERED AT:
Brisbane
HEARING DATE:
21 August 2012
JUDGE:
Samios DCJ
ORDER:
1. Decline to hear the matter as an application for declarations.
2. Applicant is directed to provide copies of medical reports in his possession that led to the settlement of his claim, including any that he may have received from the insurer, within 14 days.
3. Direct the matter can be re-listed 14 days after disclosure of documents by the applicant to the respondent.
4. Costs will be reserved.
CATCHWORDS:
COUNSEL:
K.C. Fleming QC for the Applicant.
G. Diehm SC for the Respondent.
SOLICITORS:
Kent Lawyers for the Applicant.
Gadens Lawyers for the Respondent.
In this matter, the applicant seeks two declarations which are set out in the originating application.
The respondent contends that this matter should not proceed by way of application for declarations. The respondent submits that the relief sought by the applicant is really in the nature of damages for breach of contract.
The respondent also claims that the applicant may be disentitled to the payments because of the construction of clause 8.1 of the policy in the context of the receipt by the applicant of a settlement for damages by CTP insurer for a motor accident claim; or alternatively, because of the failure of the applicant to meet his obligations under the policy, and therefore he is breach of his duty of utmost good faith to provide information that the respondent considers necessary to properly assess his claim, and to satisfy it as to its liability to pay any benefit under the policy.
While the quickest resolution of the dispute between the parties is desirable, it seems to me that the declarations being sought are not appropriate. The applicant ought to make a disclosure of limited documents. And in that regard, I have in mind any medical reports that he relied upon in the pursuit of his claim, or that came into his possession from the insurer.
I decline to hear the matter as an application for declarations. I do though consider that the applicant be directed to provide copies of medical reports in his possession that led to the settlement of his claim, including any that he may have received from the insurer, within 14 days. I would then adjourn the matter to a date to be fixed for the respondent to consider its position upon receipt of those documents, and then even the applicant may reconsider his position after that.
I direct the matter can be re-listed 14 days after disclosure of documents by the applicant to the respondent. I did put on record that I have in mind very limited documents. I'm not prepared to go beyond medical reports. I think those should be sufficient for the parties to deal with this dispute on my consideration of the issues raised today.
Costs will be reserved.
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