In our September edition of Insurable Interest we reported on the Victorian Court of Appeal's decision in Mickovski v Financial Ombudsman Service Ltd, in which it was held that FOS determinations are final and not subject to judicial review unless there is evidence of fraud or dishonesty or a lack of good faith by the Ombudsman.
Unsatisfied with this decision, Mickovski has now lodged an application for special leave to appeal to the High Court. The outcome of the appeal will be of particular interest to those commonly involved FOS disputes, and we will update you on the outcome.
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