Allianz Australia Insurance Ltd v Haddad [2015] NSWCA 186

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Allianz Australia Insurance Ltd v Haddad [2015] NSWCA 186 Hearing dates: 11 June 2015 Decision date: 08 July 2015 Before: Beazley P; Meagher JA; Ward JA Decision: 1. Grant leave to appeal from the judgment of the District Court ordered on 13 May 2014. 2. Grant leave to the appellant to file an amended Notice of Appeal which includes as a ground that the primary judge erred in finding that it had breached the 2008-2009 policy. 3. Direct that the appellant file an amended Notice of Appeal within seven days of the date of this order. 4. Allow the appeal. 4A. Dismiss the amended cross appeal. 5. Set aside the judgment of the District Court. 6. Judgment for the appellant (as defendant) in the District Court. 7. Order that the respondent (as plaintiff) pay the appellant's costs (as defendant) of the District Court proceedings. 8. Order that the respondent pay the appellant's costs of the application for leave to appeal and of the appeal. Catchwords: AUSTRALIAN CONSUMER LAW – insurance contract – Australian Securities and Investments Commission Act 2001 (Cth), ss 12CA, 12CB, 12DA and 12GF – misleading or deceptive conduct by omission of information – renewal of annual home insurance policy – whether insurer's failure to invite renewal or to indicate that renewal would not be invited was misleading or deceptive conduct in circumstances where the insurer was separately dealing with insured in relation to a claim under an earlier policy – whether conduct gave rise to a reasonable expectation that the policy had been renewed or extended