Mansions of Australia P/L v. Chubb Insurance Company of Australia Ltd [1994] FCA 772

UUDGMENT No. scl ZeQual TF...

FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY ) No. G 450 of 1994 GENERAL DIVISION )

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BETWEEN: MANSIONS OF AUSTRALIA PTY LIMITED

Applicant

AND:

CHUBB INSURANCE COMPANY OF AUSTRALIA LIMITED

Respondent

CORAM: SACKVILLE J. RECEIV PLACE: SYDNEY EIVED DATE : 19 OCTOBER 1994 25 OCT 1994 FEDERAL COURT OF

AUSTRALIA

PRINCIPAL

REGISTRY

NS FOR NT

HIS HONOUR: This is an application to amend the statement of claim by the addition of further particulars to paragraph 5 of the statement of claim as originally filed. Paragraph 5 contains an allegation that the document in issue in this case, described as "Masterpiece Coverage Comparison", was published in circumstances that constituted conduct that was misleading or deceptive or likely to be misleading or deceptive in

contravention of s.52 of the Trade Practices Act 1974.

The particulars originally provided alleged that the document contained statements concerning the applicant's insurance products, which are either inaccurate or untrue or which are representations that are misleading or deceptive, or likely to

mislead or deceive. The particulars go on to give nine specific

illustrations of the manner in which the document contains

statements that are said to be either inaccurate or untrue.

These are as follows:

(a) (b)

(¢)

(d)

(e)

(f)

(9)

(h) (i)

extended replacement cost not included;

policy requires insured to buy extra coverage for "other structures";

"special limits/jewellery/$20,000.00 total";

limit of $5,000.00 per item for "fine arts";

extra coverages/personal computer data replacement not included in policy;

debris removal not included/must be added to building sum insured;

"extra living expenses" and "unoccupancy clause" as "extra coverages";

"medical payments to others" not included;

defence coverage not included.

The application to amend is for the addition of four particulars,