Diosdado Sayseng v Kellogg Superannuation Pty Ltd Anor [2007] NSWSC 583; [2007] NSWSC 857

INTEREST – s 57 Insurance Contracts Act 1984 (Cth) – date from which it was unreasonable for insurer to have withheld payment on claim – discretionary judgment.

Decision: 

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.