NSW Caselaw
New South Wales Supreme Court
CITATION : Philips v Tower Australia Limited [2007] NSWSC 946
HEARING DATE(S) : 9 and 10 August 2007
JUDGMENT DATE : 10 August 2007
JURISDICTION : Equity Division Commercial List
JUDGMENT OF : McDougall J at 1
DECISION : See paragraph [73] of judgment
CATCHWORDS : INSURANCE – Disability income benefit policy – Plaintiff sought suspension of premium payments – Defendant cancelled policy – Reinstatement sought – Whether representations alleged by plaintiff were made by employees of defendant – Dispute decided by Financial Industry Complaints Service in favour of plaintiff – Whether determination enforceable between plaintiff and defendant as contract. - ESTOPPEL – Whether defendant estopped from asserting policy lapsed. - COSTS – Proceedings transferred from District Court – Plaintiff succeeds on new cause of action – Whether defendant should have costs of District Court proceedings.
Briginshaw v Briginshaw (1938) 60 CLR 336 LEGISLATION CITED : Giumelli v Giumelli (1999) 196 CLR 101 Helton v Allen (1940) 63 CLR 691, 712 Watson v Foxman (1995) 49 NSWLR 315
CASES CITED : Insurance Contracts Act 1984
PARTIES : Carolyn Philips (Nee Durrand) (Plaintiff) Tower Australia Limited (Defendant)
FILE NUMBER(S) : SC 50135/06
COUNSEL : B W Rayment QC / M J Gollan (Plaintiff) N Perram SC / I Griscti (Defendant)
SOLICITORS : Firths Lawyers (Plaintiff) Ebsworth & Ebsworth Lawyers (Defendant)
- 21 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST
McDOUGALL J
10 August 2007 (ex tempore – revised 14 August 2007)
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