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Tuesday, 25 November 1941


Dr EVATT -On the 14th November, the honorable member for Reid (Mr. Morgan) drew my attention to an article in the Canberra Times regarding the repudiation by a local agent of Lloyd's of London of the claim of the Australian Capital Territory patriotic carnival, held nine months ago, for rain insurance, and asked me whether I would look into the matter of having Lloyd'sof London made amenable to the jurisdiction of the Supreme Court of the Australian Capital Territory.

As promised, I have had inquiries made into the matter and findthat the carnival committee took out an insurance policy with Harvey Trinder (New South Wales) Proprietary Limited, Lloyd's insurance brokers, against 10 points of rain falling at the Government Meteorological Bureau on the day of the carnival. There are two meteorological recording stations at Canberra, one at Duntroon, where 12 points of rain were registered, and the other at the Forestry School where only 5 points were registered. The dispute between the parties arose as to' which of these recording stations, was the- Government Meteorological. Bureau. After some discussions had proceeded between the legal advisers of the parties, the solicitors' for the carnival committee intimated to the insurance company's solicitors that they had been instructed to issue a writ out of the 'Supreme Court of the Australian Capital Territory, and they asked who might be regarded as the local defendant appointed by Lloyd's for the purposes of the matter. The solicitors for the insurance company replied that their authority to accept service was limited to process issued out of a New South Wales court,, and did not include process issued out of the Supreme Court of the Australian Capital Territory. They accordingly advised' the solicitors for the carnival committee that the defendant's address was care of Lloyd's, London. This reply appears to indicate a disinclination on the part of the overseas company concerned to facilitate the. determination of the question at. issue, by the Supreme Court of the territory in which the carnival had been held. Nevertheless,, on the 19th November, five days after the honorable member brought the matter under my notice, the underwriter's, solicitors telephoned' the solicitors to the carnival committee that the claim would be paid, and this advice has been subsequently confirmed in writing. It would appear that the publicity which has followed the asking of the question by the honorable member, and' the publicity in the Canberra Times, have contributed in no small degree to the settlement of this claim. I am informed that, up to the present time, the insurance moneys have not been received.







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