CGU Insurance Ltd v Porthouse
[2008] HCA 30
Citation 1
…speech, Hansard 29 May 1984.[36] [36] Permanent Trustee Aust v FAI General [2003] HCA 25 at para 23 and following; CGU Insurance Ltd v Porthouse [2008] HCA 30; Advance (NSW) Insurance Agencies Pty Ltd v Matthews (1989) 166 CLR 107 In Matthews , in the often quoted passage, the High Court said of Part IV: “The e…
Hannover Life Re of Australasia Ltd v Sayseng
[2005] NSWCA 214
Citation 2
…uty being different from that imposed by the ICA – where the duty of upmost good faith in relation to disclosure is tempered by s.21.) [31] [2005] NSWCA 214 98 As to the content of the common law duty of disclosure, it was submitted by Mr Christie and, at least partly conceded by Mr McCredie, that two steps arose f…
Schaffer v Royal & Sun Alliance Life Assurance Australia Ltd
[2003] QCA 182
Citation 3
…re was relevant.[60] [57] [2003] QCA 182 [58] At para 37 [59] Para 45. [60] Cf s.28 where the remedy is not available if the insurer would have entered “ ...the contract, for the same premium and on the same terms and conditions”. 156 Had there been any scope for the operation of s.29, in my view the insurer woul…
Permanent Trustee Australia Ltd v FAI General Insurance Co Ltd (In Liq)
[2003] HCA 25
Citation 4
…[24] [2003] HCA 25, 214 CLR 514 70 It was common ground that the policy between the defendants was a “life policy” within the meaning of the Life Insurance Act 1995 (Cwlth) and that it was a “blanket superannuation contract” within the meaning of s.11(4) of the ICA , being for the purposes of a superannuation or…
Australian Casualty and Life Ltd v Hall
[1999] QCA 240
Citation 5
…[50] (1999) 151 FLR 360 [51] As to circumstances see CGU Insurance Limited v Porthouse [2008] 235 CLR 103 at paras 52 and 53…
Antico v Heath Fielding Australia Pty Ltd
[1997] HCA 35
Citation 6
…35] [33] T 264 [34] East End Real Estate v CE Heath Casualty and General Insurance (1991) 25 NSWLR 400; Antico v Heath Fielding Australia Pty Ltd (1997) 188 CLR 652 at 675; NM Superannuation v Young (1993) 43 FCR 182 [35] Cooper Brookes (Wollongong) Pty Ltd v Commissioner of Taxation (Cth) (1981) 147 CLR 297 at 320-…
Advance (NSW) Insurance Agencies Pty Ltd v Matthews
[1989] HCA 22
Citation 7
…In this regard, the plaintiff relied upon Advance (NSW) Insurance Agencies Pty Ltd v Matthews .[32] [32] (1989) 166 CLR 606 102 In the alternative, Mr McCredie submitted that s.32 does apply here, and operates to deem the contract for the seven units to have been entered into on 15 February 1999 (the date the plaint…
Thomas v Commissioner of Taxation (Cth)
[1972] HCA 101
Citation 8
…Antico v Heath Fielding Australia Pty Ltd (1997) 188 CLR 652 at 675; NM Superannuation v Young (1993) 43 FCR 182 [35] Cooper Brookes (Wollongong) Pty Ltd v Commissioner of Taxation (Cth) (1981) 147 CLR 297 at 320- 321. 106 In deciding questions as to the construction of provisions of Part IV of the ICA, the High Court has referred to the history…
Southern Cross Assurance Co Ltd v Australian Provincial Assurance Association Ltd
[1935] HCA 56
Citation 9
…on the Friday, by the time he left on the Monday, he had been reassured that no injury had been sustained. [49] (1935) 53 CLR 618 139 On the footing that the proper application of the ICA was to examine whether, in making the application for the seven units, the plaintiff had complied with the duty of disclosure, Mr…
Young v NM Superannuation Pty Ltd
[1993] HCATrans 247
Citation 10
…d Real Estate v CE Heath Casualty and General Insurance (1991) 25 NSWLR 400; Antico v Heath Fielding Australia Pty Ltd (1997) 188 CLR 652 at 675; NM Superannuation v Young (1993) 43 FCR 182 [35] Cooper Brookes (Wollongong) Pty Ltd v Commissioner of Taxation (Cth) (1981) 147 CLR 297 at 320- 321. 106 In deciding questions as to the…