Capital Plumbing Service Pty Ltd v F.M.L. Assurance Ltd [1986] FCA 363

"" we

Be?

t CATCHWORDS

INSURANCE - policy of life insurance - whether contract of insurance —- whether parties proceeded past the stage of pre-contractual negotiaton - proposal for policy of life insurance and benefits on disablement ~ whether acceptance of

offer in proposal - whether counter-offer.

CAPITAL PLUMBING SERVICE PTY LIMITED v. F.M.L. ASSURANCE LIMITED

No. A.C.T. Gl of 1986

Northrop, Gallop and Jackson JJ. 26 August 1986

Canberra

ut

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY

No. A.C.T. G1 of 1986 DISTRICT REGISTRY

eee eS

GENERAL DIVISION

ON APPEAL from the Supreme Court of the Australian Capital Territory

BETWEEN: CAPITAL PLUMBING SERVICE PTY LIMITED

Appellant AND: F.M.L. ASSURANCE LIMITED Respondent MINUTES OR ORDER JUDGES MAKING ORDER: NORTHROP, GALLOP AND JACKSON JJ. DATE OF ORDER: 26 August 1986 WHERE MADE: CANBERRA THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay to the respondent its costs of the appeal.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

y

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY

No. A.C.T. G1 of 1986 DISTRICT REGISTRY

we ewe

GENERAL DIVISION

ON APPEAL from the Supreme Court of the Australian Capital Territory

BETWEEN: CAPITAL PLUMBING SERVICE PTY LIMITED

Appellant

AND: F.M.L. ASSURANCE LIMITED

Respondent

CORAM: NORTHROP, GALLOP AND JACKSON JJ. DATE: 26 AUGUST 1986. PLACE: CANBERRA

REASONS FOR JUDGMENT

THE COURT:

The appellant sued the respondent in the Supreme Court of the Australian Capital Territory, claiming that the respondent was the insurer and the appellant the insured under a policy of life assurance upon the life of Colin Raymond Mills. Mr Mills had died on 10th February 1977 and at the time of his death and at all material times prior thereto was a director of the appellant, a family company engaged in business in the Australian