Hawcroft General Trading Co Pty Ltd v Hawcroft [2017] NSWCA 91

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hawcroft General Trading Co Pty Ltd v Hawcroft [2017] NSWCA 91 Hearing dates: 20 March 2017 Decision date: 11 May 2017 Before: Basten JA at [1]; Leeming JA at [5]; Emmett AJA at [53] Decision: (1) Allow the appeal from the orders made in the Equity Division on 5 May 2016 and 9 September 2016.

(2) Set aside the orders entered on both of those dates and in lieu of those orders:

(a) order that the amended summons filed by the plaintiff in the Equity Division on 13 August 2015 be dismissed; (b) declare pursuant to the cross-summons filed on 13 July 2015 that the cross-claimant, Hawcroft General Trading Co Pty Ltd, is entitled both legally and beneficially to the proceeds of CommInsure Life Policy No 0049702 issued by The Colonial Mutual Life Assurance Society Limited.

(3) Direct the parties to file and serve within 21 days of these orders such submissions as they wish concerning the costs at first instance and the costs on the appeal together with any submissions they may wish to make on the terms of order (2)(b). Catchwords: EQUITY - assignments in equity – whether there had been an equitable assignment of the benefit of an insurance policy from the appellant company to the deceased's estate

EQUITY – estoppel by conduct - promissory estoppel – whether appellant company had made a clear and unequivocal representation upon which the deceased had relied to his detriment

EQUITY - general principles – mistake – whether there was a common operative mistake – whether parties entered into deeds under bilateral mistaken belief