O’Shanassy v AIA Australia Limited (previously The Colonial Mutual Life Assurance Society Limited t/as CommInsure) [2022] NSWSC 677

O’Shanassy v AIA Australia Limited (previously The Colonial Mutual Life Assurance Society Limited t/as CommInsure) [2022] NSWSC 677

Leave was granted to the plaintiff to amend his pleadings to plead the 'Affirmation Claim', certain representation amendments, and miscellaneous amendments; leave was refused for amendments concerning the 'Good Faith Claim' and reliance on s 14 and s 59A of the Insurance Contracts Act 1984 (Cth), as such amendments either repeated claims previously considered and rejected or were not justified by the delay and would significantly broaden the scope of the proceedings. Leave was also granted for the plaintiff to adduce further medical and expert accounting evidence, subject to orders for production of supporting documentation and the defendant's right to serve evidence in reply. Plaintiff...

Jurisdiction
Australia
Judgment Date
26 May 2022
Procedural Posture
Civil Equity / Interlocutory Application for Leave to Amend Pleadings and Rely on Further Expert Evidence
Outcome
Leave to amend granted in part; leave for further expert evidence granted; application otherwise refused.
Legal Topics
['pleadings' 'amendment of Pleadings' 'utmost Good Faith' 'income Protection Insurance' 'interlocutory Orders']
['civil Procedure' 'insurance Law'] ['pleadings' 'amendment of Pleadings' 'utmost Good Faith' 'income Protection Insurance' 'interlocutory Orders']

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Procedural Posture

Civil Equity / Interlocutory Application for Leave to Amend Pleadings and Rely on Further Expert Evidence

Legal Issues

  1. 1 ['Whether the plaintiff should be granted leave to amend pleadings including claims of affirmation and utmost good faith' 'Whether the delay in seeking the amendments was justified and adequately explained' 'Whether the proposed amendments would cause prejudice to the defendant' 'Whether leave should be granted to adduce further medical and expert accounting evidence']

Ratio Decidendi

Leave was granted to the plaintiff to amend his pleadings to plead the 'Affirmation Claim', certain representation amendments, and miscellaneous amendments; leave was refused for amendments concerning the 'Good Faith Claim' and reliance on s 14 and s 59A of the Insurance Contracts Act 1984 (Cth), as such amendments either repeated claims previously considered and rejected or were not justified by the delay and would significantly broaden the scope of the proceedings. Leave was also granted for the plaintiff to adduce further medical and expert accounting evidence, subject to orders for production of supporting documentation and the defendant's right to serve evidence in reply. Plaintiff...

Court Disposition

Leave to amend granted in part; leave for further expert evidence granted; application otherwise refused.

Orders

  • ['Leave granted to file and serve Second Further Amended Statement of Claim, Further Amended Reply, and Amended Defence to the First Cross Claim by 9 June 2022 excluding amendments related to Good Faith Claim and ss 14 and 59A ICA.' 'Leave to serve medical reports from Dr Balzer and Dr Rewais by 23 June 2022;...