NSW Caselaw
Reported Decision : (2006) 14 ANZ Insurance Cases 61-710
New South Wales Court of Appeal
CITATION: Teoh v QBE Insurance (Australia) Ltd [2006] NSWCA 281
HEARING DATE(S): 6 September 2006
JUDGMENT DATE: 19 October 2006
JUDGMENT OF: Giles JA at 1; Bryson JA at 32; Young CJ in Eq at 59
DECISION: Appeal dismissed with costs.
CATCHWORDS: Contract - travel agent - application for on demand guarantee - declaration that no reason to doubt that applicant will be able to comply with its obligations - and that declarant not aware of any circumstances not disclosed which might influence acceptance of the risk - agreement to compensate for "breach" of declaration - declarant knew but did not disclose applicant's difficult financial circumstances and fact that an employee managing a branch office had been convicted of fraudulent misappropriation - construction of declaration and whether breached - in particular, whether it was necessary that declarant knew that undisclosed circumstances might influence acceptance of the risk. D
LEGISLATION CITED: Insurance Contracts Act 1984
Commercial Bank of Australia Ltd v Amadio (1983) 151 CLR 447; Goodwin v The National Bank of Australasia Ltd (1968) 42 ALJR 110; Lee v Jones (1864) 17 CB (NS) 482; 144 ER 194; CASES CITED: London General Omnibus Company Ltd v Holloway [1912] 2 KB 72; National Mortgage & Agency Co of New Zealand Ltd v Stalker [1933] NZLR 1182; Phillips v Foxall (1872) LR 7 QB 666; Smith v Bank of Scotland (1813) 1 Dow 272; 3 ER 697.
PARTIES: Boon Sooi Teoh - Appellant QBE Insurance (Australia) Ltd - Respondent
FILE NUMBER(S): CA 40905/05
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