Newcastle City Council v GIO General Ltd

191 CLR 85

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Newcastle City Council v. GIO General Ltd

Court:

Judges: Brennan CJ
Toohey J
Gaudron J
McHugh J
Gummow J

Subject References:
Insurance
Liability insurance
'Claims made' policy
Notice of facts that might give rise to a claim given to insurer during period of insurance
Claims made on insured after period of insurance had expired
Whether s 40(3) of the Insurance Contracts Act 1984 (Cth) applies to "claims made" policies
Statutory interpretation
Purposive approach
Identification of mischief
Circumstances in which reference can be had to extrinsic material
Resolution of conflict between literal meaning and apparent purpose of statutory provision.

Legislative References: - Insurance Contracts Act 1984 (Cth), ss 11, 40; Acts Interpretation Act 1901 (Cth), ss 15AA, 15AB

Hearing date: 2 December 1997
Judgment date: 2 December 1997

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ORDERS

Matter No S 177/96

1. Appeal allowed with costs.

2. Set aside the orders of the Court of Appeal and in lieu thereof order that the appeal to that Court be dismissed with costs, save as to those issues remitted to the Court of Appeal by Order 3 of this Order.

3. Remit the matter to the Court of Appeal to hear and determine whether the appeal from the judgment of Bainton J should be allowed and the declarations made by Bainton J be set aside in so far as those orders are necessary to permit the making of a declaration:

(a)

that on or about 18 July 1990 and on or about 23 December 1991, the Appellant gave notice in writing to the Respondent of facts that might give rise to the claim against the Appellant made by the Newcastle Workers Club as soon as was reasonably practicable after the insured became aware of those facts, so as to comply with s 40(3) of the Insurance Contracts Act 1984 (Cth); and

(b)

that the Respondent is not relieved of liability under its policy by reason only of the fact that the claim made by the Appellant in respect of its liability (if any) to the Newcastle Workers Club was made after the expiration of the relevant policy period.

Matter No S 178/96

1. Appeal allowed with costs.

2. Set aside the orders of the Court of Appeal and in lieu thereof order that the appeal to that Court be dismissed with costs.