High Court of Australia
High Court of Australia Dixon C.J. McTiernan and Kitto JJ. Wood v James [1954] HCA 77
ORDER Appeal dismissed with costs.
Cur. adv. vult.
The following written judgments were delivered:—
Dec. 15 Dixon C.J. and Kitto J.
This is an appeal from an order of the Supreme Court of Western Australia (Dwyer C.J.) made on the hearing of an originating summons for the construction of a policy of life assurance.
The policy was upon the life of one Arthur Hilton Wood, who was called therein the assured, and it was taken out by him on 24th December 1931. It recited the acceptance of a proposal which had been made by the assured to effect an assurance under the provisions of the Act of Parliament mentioned in the schedule "for the benefit of the beneficiary set forth in the schedule should such beneficiary survive the assured". The engagement of the company which issued the policy was, on proof of the death of the assured, of his age, and of the claimant's title, and upon delivery of the policy duly discharged together with the last premium receipt, to pay to the trustee or trustees under the provisions of the Act the amount of £2,000 together with bonuses (subject to deduction of any moneys due to the company) "for the benefit of the beneficiary set forth in the schedule should such beneficiary survive the assured". The schedule contained a paragraph headed "Beneficiary", in these terms: "This policy is effected under the provisions of the Married Women's Property Act 1892 West Australia and shall be for the absolute benefit of the wife of the assured should the amount of assurance become payable during her lifetime failing which for the absolute benefit of such of the children of the assured as shall survive the assured". The policy was expressed to be subject to a number of privileges, conditions and guarantees endorsed upon it, but there is nothing to affect the question we have to consider, either in the provisions so referred to or (as the parties agree) in the proposal and declaration which were made the basis of the policy.
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