Stylis v United Medical Protection Ltd

The appeal concerned a dispute between Dr Stylis and United Medical Protection Ltd (UMP), a professional indemnity insurer. The central issue was whether UMP had the power to make a "call" on Dr Stylis for unpaid subscription fees after his membership had ceased due to default in payment. The matter came before the Court of Appeal of New South Wales.

The Court of Appeal was required to determine two primary legal issues. Firstly, it had to construe the provisions of UMP's constitution to ascertain whether the insurer retained the power to levy a call on a former member for outstanding subscription payments. Secondly, the court needed to consider whether the debt claimed by UMP was sufficiently proved by the mere fact that Dr Stylis's name appeared on the register of ordinary members.

The Court of Appeal allowed the appeal, setting aside the judgment and orders of the Common Law Division. In doing so, the court effectively set aside the order made by the Local Court for the amount of the call. The court reasoned that UMP did not have the power to make such a call once membership had ceased. The court also ordered that UMP pay Dr Stylis one-half of his costs in the Local Court, two-thirds of his costs in the Common Law Division, and his costs of the application for leave to appeal and the appeal in the Court of Appeal.