Perpetual Trustee Company (Limited) v Tindal [1940] HCA 14

232 HIGH COURT [1940.

{HIGH COURT OF AUSTRALIA.]}

THE PERPETUAL TRUSTEE COMPANY (IMITED) . . AND, aves PLAINTIFF, AND TINDAL AND OTHERS. " . ' . REesponpENts. DeEFENDANTS,

THE PUBLIC TRUSTEE AND ANOTHER. — Appe.rants; Derrenvants,

AND

THE PERPETUAL TRUSTEE COMPANY R (LIMITED) AND OTHERS . 4 ESPONDENTS.

Puarntirr and Derenpanrs,

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

H.C, or A, Insurance—Life—Policy effected by husband on his life—Buxpressed to be for benefit

1940. of named wife—Gift over to named son in event of wife predeceasing husband — "se Wife and son predeceasing hushand—Son's absolute interest—Failure of trusts— SyDNey, Power of appointment reserved by assured—Non-exercise of power—Proceeds of April 5, policy—Distribution—Life, Fire and Marine Insurance Act 1902 (N.S.W.) June 28. (No. 49 of 1902), secs, 8-10.

Latham ©.

Kick Stare, "igh Court—Appeal—Division of opinion—Majority for allowing appeal but not for Disa F any particular order—Judiciary Act 1903-1939 (No. 6 of 1903—No. 43 of 1939),

n 3d. sec. 23 (2).

Secs. 8-10 of the Life, Fire and Marine Insurance Act 1902 (N.S.W.) do not contain anything which makes survival of the assured a condition attaching

to any interest given to a wife, or husband, or children by a policy effected under the legislation.

63 C.L.R.] * OF AUSTRALIA. 233

A life-assurance policy described the persons to whom the policy moneys H. C. or A. were payable as " the wife of the person assured if she shall survive the person _1940. assured—if she shall predecease the person assured—his son, B." The wife = A~ predeceased the assured. The son predeceased both the wife and the assured Perrervat

Held that the interest of B in the policy moneys was not contingent on his Con (Lam) surviving his father or his mother and became absolute on the death of his». mother: therefore the policy moneys were payable to the personal repre- sentative of B.