Dew v Suncorp Life and Superannuation Limited
[2001] QSC 252
Citation 1
…nd means more than “believes”, “suspects” or “strongly suspects”. Reference was made to Dew v Suncorp Life and Superannuation Ltd [2001] QSC 252 (‘ Dew ’).…
Prepaid Services Pty Ltd v Atradius Credit Insurance NV
[2014] NSWCA 440
Citation 2
…156 In Prepaid Services Pty Ltd & Ors v Atradius Credit Insurance NV (2013) 302 ALR 732; [2013] NSWCA 252 at [51], the New South Wales Court of Appeal allowed an appeal against a decision of the New South Wales Supreme Court stating that the learned trial judge failed to address a number of matters, including what is…
Agricultural Land Management Ltd v Jackson (No 2)
[2014] WASC 102
Citation 3
…48 The plaintiff relied on the case of ABN AMRO Bank NV v Bathurst Regional Council (2014) 224 FCR 1; [2014] FCAFC 65 (‘ AMRO Bank ’).[7] That case was about a claim for recovery under s. 48 of the Act by a party who was not insured by the insurer. Here, my conclusion that the June proposal is to be read together w…
Prepaid Services Pty Ltd v Atradius Credit Insurance NV
[2013] NSWCA 252
Citation 4
(Para 51)
…156 In Prepaid Services Pty Ltd & Ors v Atradius Credit Insurance NV (2013) 302 ALR 732; [2013] NSWCA 252 at [51], the New South Wales Court of Appeal allowed an appeal against a decision of the New South Wales Supreme Court stating that the learned trial judge failed to address a number of matters, including what…
Australian Casualty and Life Ltd v Hall
[1999] QCA 240
Citation 5
…149 The plaintiff also, in final address, relied on the case of Australian Casualty and Life Ltd v Hall (1999) 151 FLR 360 at [75] where the insured had been told by her doctors she was in good health, and thus was held not to have engaged in nondisclosure..…
Briginshaw v Briginshaw
[1938] HCA 36
Citation 6
…[5] Briginshaw v Briginshaw (1938) 60 CLR 336.…
Briginshaw v Briginshaw
[1938] HCA 34
Citation 7
…[5] Briginshaw v Briginshaw (1938) 60 CLR 336.…
Bergman v CGU Insurance Ltd
[2016] VSC 81
Citation 8
…9(1)(c) of the Act). In support of this, the defendant relied on a decision of Hargrave J, as his Honour then was, in Bergman v CGU Insurance Limited [2016] VSC 81 (‘ Bergman ’) where it was held that an earlier representation in a proposal was a continuing representation, and was therefore able to be characteri…
Derry v Peek
[1889] UKHL 1
Citation 9
…155 Numerous authorities have set out the matters that must be proved to establish fraud, starting with Derry v Peek (1889) 14 App Cas 337 at 374, where Lord Herschell described fraud as being “proved when it is shown that a false representation is being made (1) knowingly, or (2) without belief in its truth, or (3) r…