CIC Insurance Ltd v Bankstown Football Club
Article Abstract:
The High Court of Australia ruled in CIC Insurance Ltd. v. Bankstown Football Club that section 58 of the Insurance Contracts Act 1984 did not apply and that a statutory contract was not formed when the insurer incorrectly cancelled a fire insurance policy. The insurance policy's indemnity clause limited the insurer's liability if the insured did not rebuild or repair promptly. The Court found that the indemnity clause was applicable and that the insurer's liability was limited to the indemnity value at the time of the first of the two fires involved.
Publication Name: Australian Business Law Review
Subject: Law
ISSN: 0310-1053
Year: 1997
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Party autonomy in choice of law in contract: through the lens of Akai Pty Ltd v The People's Insurance Company
Article Abstract:
The High Court of Australia's decision in Akai Pty. v. People's Insurance Co. demonstrates the desirability to eliminate the discerning parties' intention option from choice of law in contracts. The court held, in spite a choice of law clause in Akai's contract applying UK law, that proper law indicated the use of law where the parties had connections, New South Wales in this case. Courts should apply the proper law objective test when parties do not express a choice of law and not mess with trying to determine intent.
Publication Name: Australian Business Law Review
Subject: Law
ISSN: 0310-1053
Year: 1997
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A curate's egg: good in parts - Akai Pty Ltd v People's Insurance Co Ltd
Article Abstract:
The High Court of Australia found in Akai Pty v. People's Insurance Co that the application for stay should be dismissed and that choice of law principles would dictate that the law of the Australian state most closely connected be applied. The Court applied the Insurance Contracts Act 1984 to find that New South Wales law governed. The Court should have found that the burden of proving that foreign law should be applied should be borne by the party wishing to apply English law.
Publication Name: Australian Business Law Review
Subject: Law
ISSN: 0310-1053
Year: 1997
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