NSW Caselaw
New South Wales Court of Appeal CITATION : Suncorp General Insurance Limited v Cheihk [1999] NSWCA 238 FILE NUMBER(S) : CA 40229/98 HEARING DATE(S) : 2 July 1999 JUDGMENT DATE : 16 July 1999
PARTIES : Suncorp General Insurance Limited v George Anthony Cheihk JUDGMENT OF : Meagher JA at 1; Stein JA at 2; Giles JA at 20
LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : DC 2262/97 LOWER COURT JUDICIAL OFFICER : Bowden ADCJ
COUNSEL : A Bridge/M Fordham (Appellant) C Birch (Respondent) SOLICITORS : McCabes (Appellant) Alexanders (Respondent) CATCHWORDS : District Court - car stolen - insurance policy - refusal of insurer to indemnify the insured - whether insured was fraudulent in failing to disclose his poor driving record - insured's duty of disclosure under s 21 Insurance Contracts Act 1984 (Cth) - insurer's duty under s 22 to clearly inform the insured of the nature and effect of the duty of disclosure - onus of proof that insurer so informed the insured of the duty of disclosure ACTS CITED : Insurance Contracts Act 1984 (Cth); s 21;s 22(1); s 28 Abalos v Australian Postal Commission (1988) 171 CLR 167 CASES CITED: Lumley General Insurance Ltd v Delphin (1990) 6 ANZ InsCas 60-986 State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (1999) 160 CLR 588 DECISION : Appeal dismissed with costs
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
CA 40229/98 DC 2262/97 MEAGHER JA STEIN JA GILES JA Friday, 16 July 1999 SUNCORP GENERAL INSURANCE LIMITED v George Anthony CHEIHK
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