Diosdado Sayseng v Kellogg Superannuation Pty Ltd Anor  NSWSC 583;  NSWSC 857
- 08 Aug 2017
INTEREST - s 57 Insurance Contracts Act 1984 (Cth) - date from which it was unreasonable for insurer to have withheld payment on claim - discretionary judgment.
It has been agreed that upon determination of the relevant day the parties will calculate the amount of interest payable by the insurer. I propose to order the insurer to pay the plaintiff’s costs of the hearing of the interest issue, and that the trustee bear its own costs of this hearing.