High Court of Australia

Permanent Trustee Australia Limited v FAI General Insurance Company Limited (In Liq) [2003] HCA 25

214 CLR 514; 77 ALJR 1070; 197 ALR 364

8 May 2003

Case Number: S124/2002


McHugh, Gummow, Kirby, Hayne, Callinan JJ


Insurance – Obligations of insured to disclose to insurer – Where decision "probably not" to renew policy for following year – Whether decision was a failure to disclose a "matter relevant to the decision of the insurer whether to accept the risk" to extend policy under s 21(1)(a) of the Insurance Contracts Act 1984 (Cth) – Whether non-disclosure was a misrepresentation in breach of s 26(2) of the Act.

Fraud – Whether trial judge erred in failing to consider that evidence of an alleged misrepresentation became fraudulent – Whether fraud was clearly and distinctly pleaded and put at trial – Whether appellate court was warranted in finding error on this ground.

Insurance Contracts Act 1984 (Cth) – ss 21(1)(a), 26(2).

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