Public Trustee v Lumley Life Ltd and Ors [2012] QSC 61
In December 1999, Davinder Dother and his wife Julie purchased a
life insurance policy from Lumley. Davinder killed Julie in January
2001 and was convicted of her manslaughter in 2002.
In 2003, the Public Trustee obtained an order to administer
Julie's estate. In doing so, it adopted a claim under the
policy made by the couple's children as beneficiaries of the
estate. It was common ground that any claim by Davinder under
either the policy or the will was forfeited by reason of public
policy.
Lumley asked for the production of a number of documents,
including the original policy of insurance. Although the Public
Trustee's records did not reveal when it obtained the policy,
it is clear that the Public Trustee held the original document.
However, despite a number of requests, the Trustee did not produce
the policy to Lumley.
