Losing someone you love can be hard. But what does it mean to lose someone you love. Most people think death, but knowing that someone is leaving your life,and not knowing when they will return if they ever do. Let me tell you how I learned this, let me tell you my story of how I learned this. It all started around the end of April in two thousand eleven I was in eighth grade. And when I got home one afternoon,I was told something that I know it was going to,but it seemed unrealistic that it was finally happening. We got a letter from the government telling us that my mom had to go to the us embassy in mexico to begin the process to become a citizen and that she had to be there in the beginning of may. At the time I didn’t think much of it cause as I was still naive and I thought it wasn’t going to take long. But I soon realised that i would be wrong.days past then weeks and before I know it summer had come again. On a July day I had to write a littler to the us embassy to tell them why my mom should be allowed to come back and at that point in time I had stared to miss my mom but I was always working so I didn’t think of it much. So I wrote the letter and looking back at it know I can tell of how a weak the letter was letter as I didn’t know how important my mom was to me and how I would start to miss her.the letter was sent and in a couple of weeks we got a letter from the embassy saying that my mom had to stay there and she wasn’t allowed to come back for ten years. As the days went on after finding this out I started to feel sadness inside me. I always thought that I didn’t need my mom for many things but I realized that I do in fact need her for multiple reasons some of which were unknown to while she was here I started to realize I that I took all the things that she had done for my over those Fourteen of my life. I didn’t treat her the way I should have I got mad at her for asking how my day was and nagging me over things. I got mad to where I wanted to yell. There’s still this one time when I was younger I yelled at her cause she was telling me to wear a jacket but I said no and ended up yelling at her and I can still see the tears in her eyes that is something that I believe I will never forget cause remembering it now I get mad with myself for ever making her cry. Time went on and I tryed to call as much as I can but I forgot from time to time as much as it saddens me to admit. But Christmas break came and I got a flight to go Mexico and I was able to be with my mom for the holiday. Time has still past and this upcoming April will be four years since my mom left, it has been a difficult these past years have taught me never take anyone for granted and that losing someone means them leavening your life and not knowing when they will re enter it if they even do enter it again.
CIC Insurance Ltd v Bankstown Football Club Ltd  HCA 2
CIC Insurance Ltd v Bankstown Football Club Ltd  HCA 2.
CIC Insurance Ltd v Bankstown Football Club Ltd  HCA 2; (1997) 187 CLR 384; (1997) 141 ALR 618; (1997) 71 ALJR 312 (4 February 1997)
HIGH COURT OF AUSTRALIA
DAWSON, TOOHEY, GAUDRON AND GUMMOW JJ
CIC INSURANCE LIMITED APPELLANT
BANKSTOWN FOOTBALL CLUB LIMITED RESPONDENT
1. Appeal allowed.
2. Save for paragraph 2 of the orders of the Court of Appeal, set aside the orders of the Court of Appeal and in lieu thereof declare that the appellant is obliged to pay to the respondent a sum representing the indemnity value of the damaged property at the time of the happening of the damage sustained in the first fire.
3. Cross-appeal dismissed.
4. Order that the parties have leave within 21 days to bring in short minutes specifying the sum payable pursuant to the declaration referred to in paragraph 2 of this Order including interest under s 57 of the Insurance Contracts Act 1984 (Cth) from 30 October 1992.
5. In default of agreement as to the amounts to be specified in the short minutes, remit the proceedings to the Supreme Court of New South Wales, Commercial Division, for the determination of the sum for which judgment should be entered against the appellant and for consideration of any further costs order made appropriate by the further steps taken in the Supreme Court.
6. Order that the parties file within 21 days written submissions as to the orders which should now be made as to costs of the proceedings before Cole J and of the appeal to the Court of Appeal.
7. The respondent pay the appellant’s costs of the appeal and cross- appeal.
4 February 1997
On appeal from the Supreme Court of New South Wales (Court of Appeal).
B W Rayment QC with J G Duncan for the appellant (instructed by
P M Jacobson QC with J B Simpkins and B de Buse for the respondent (instructed by Thomas Tarmo & Co)
Notice: This copy of the Court’s Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CIC Insurance Limited v Bankstown Football Club Limited
Insurance – Industrial special risks insurance – General principles involving reinstatement policies – Construction of policy – Whether work carried out “with reasonable despatch” – Whether liability for subsequent damage prior to reinstatement rests with the insurer – Interpretation of Insurance Contracts Act 1984 (Cth) – Statutory policy – Whether statutory policy came into existence where insurer followed cancellation procedure laid down by Act – Interest on claim.
BRENNAN CJ, DAWSON, TOOHEY AND GUMMOW JJ. This is an appeal and cross-appeal from the New South Wales Court of Appeal (Kirby P, Priestley and Powell JJA). It concerns issues of insurance law. The Court of Appeal set aside orders made in the Commercial Division of the Supreme Court of New South Wales (Cole J) against the appellant, CIC Insurance Limited (“CIC”), but substituted other relief against CIC. There was a marked divergence in the reasoning of the members of the Court of Appeal.
The Court of Appeal delivered two sets of reasons for judgment. The first was delivered on 14 December 1994 and is reported. The second was delivered 7 April 1995. This followed the relisting of the appeal, on the application of CIC, for the making of further submissions and determination of the form of orders to dispose of the appeal. Priestley JA withdrew such of his reasons delivered 14 December 1994 as conflicted with those of Kirby P which led to the declarations and orders proposed by the President. The appeal was disposed of accordingly.
The nature and history of the case
The primary judge had held that CIC was liable to Bankstown Football Club Limited (“the Club”) in respect of losses suffered by the Club by reason of a succession of fires at its premises. Cole J quantified the recoverable loss as being in excess of $1.9 million and entered judgment in favour of the Club accordingly.
The Club had its premises at Gartmore Avenue, Bankstown, New South Wales. The activities conducted there included the operation of a licensed bar with gaming machines. Within the premises there was an independently operated restaurant.
With effect from 3 December 1991, CIC issued to the Club what was headed “INDUSTRIAL SPECIAL RISKS INSURANCE POLICY” (“the Policy”) for a period to expire at 4.00 pm on 30 October 1992. The policy number was IS395070. In negotiation for the Policy, the Club employed its brokers, Garrison Insurance Brokers Pty Ltd (“Garrison”).
The principal matters of general importance which were contested on appeal to this Court raise two issues of construction. The first concerns the construction of the terms of the Policy, it being in a standard form in widespread use. The second concerns s 58 of the Insurance Contracts Act 1984 (Cth) (“the Act”). This applies in respect of a “contract of general insurance” within the meaning given to that phrase by s 10 and s 11(6) of the Act. The Policy was such a contract. Section 58 provides that, in certain circumstances, by force of the section there exists between the parties to an original contract of insurance a further contract, which we will call a statutory policy. The cover under the statutory policy is in respect of the period that commences immediately after the expiry of the cover provided by the original policy.
The recital to the Policy referred to payment of the premium, shown in the Schedule as $4,473.37, and stated that CIC agreed to indemnify the Club “as specified herein” against loss occurring during the period of insurance stated in the Schedule to the Policy or any renewal thereof.
Section 1 was headed “MATERIAL LOSS OR DAMAGE” and under the further heading “THE INDEMNITY” the Policy stated:
“In the event of any physical loss, destruction or damage (hereinafter in Section 1 referred to as ‘damage’ with ‘damaged’ having a corresponding meaning) not otherwise excluded happening at the Situation to the Property Insured described in Section 1 [CIC] will, subject to the provisions of this Policy including the limitation on [CIC’s] liability, indemnify [the Club] in accordance with the applicable Basis of Settlement.”
It will be necessary later in these reasons to set out relevant terms of the Basis of Settlement and of the Memoranda referred to therein. The Schedule to the Policy stated a limit of liability, with reference to Section 1 as follows:
“MATERIAL DAMAGE $1,920,000”.
The “CLASS OF BUSINESS” was there identified as “INDUSTRIAL SPECIAL RISKS” and the “SITUATION” as “8 JACOBS STREET BANKSTOWN”. However, in the Court of Appeal, Powell JA said that it did not seem ever to have been disputed that the subject of the Policy was the Club’s premises, namely those at Gartmore Avenue, and the business it conducted there. The Schedule also carried the statement “COVER IS EFFECTIVE FROM THE DATE SHOWN TO THE EXPIRY DATE ABOVE”, that is to say from 3 December 1991 to 30 October 1992.
Write a case note on the following:
CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384
Provide some important short quotes from the judgement. Finish with an analysis explaining its significance to statutory interpretation.
For this exercise your case note should contain all the following:
1. Correct Case name and citation.
2. Court / Judges names and titles.
3. Who were the parties and what brought them together in this litigation?
4. What were the material facts? Short, to the point, no more than one or at the most two paragraphs.
5. What was the question of law to be decided?
6. What principle of law was under consideration or discussion?
7. What was the outcome of the case? You must refer to 5&6 above, not just say the Plaintiff was the successful party. Why was that the outcome?
8. Why is this case important to Statutory Interpretation?
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