Permanent Trustee Co Ltd & anor. v Keogh & ors. [1999] NSWSC 967

Permanent Trustee Co Ltd & anor. v Keogh & ors. [1999] NSWSC 967

The Court declined to adopt the Referee's report because, after reviewing the evidence and objections, it was satisfied there were errors in the report's treatment of disclosure and misrepresentation in the insurance proposal (particularly regarding question 4.3); and the finding of waiver by H.I.H of disclosure in...

Source-derived case information.

Parties
Plaintiff: Permanent Trustee Company Limited; Plaintiff: Moreland Finance Corporation (Vic) Pty Limited; Defendants: Allan Andrew Keogh & ors; Defendants: Valuers (including Mr. Rowan); Cross Claim Respondent: H.I.H. Casualty and General Insurance Limited
Jurisdiction
Australia
Judgment Date
23 September 1999
Procedural Posture
Common Law / Motion for Adoption of Referee's Report
Outcome
Declined to adopt the Referee's report
Legal Topics
Negligence Professional Indemnity Insurance, Non Disclosure and Misrepresentation in Insurance Proposals, Adoption/rejection of Referee Report Under SCR Part 72
Insurance Law Civil Procedure Negligence Professional Indemnity Insurance Non Disclosure and Misrepresentation in Insurance Proposals Adoption/rejection of Referee Report Under SCR Part 72

Source-derived case record

Summary, issues, holding and outcome

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Parties

Permanent Trustee Company Limited

Plaintiff

Moreland Finance Corporation (Vic) Pty Limited

Plaintiff

Allan Andrew Keogh & ors

Defendants

Valuers (including Mr. Rowan)

Defendants

H.I.H. Casualty and General Insurance Limited

Cross Claim Respondent

Procedural Posture

Common Law / Motion for Adoption of Referee's Report

Legal Issues

  1. 1 Whether there was non-disclosure or misrepresentation by valuers entitling H.I.H to reduce liability under the contract to nil
  2. 2 Whether H.I.H is obliged to indemnify valuers in respect of the claim made against them by the plaintiffs
  3. 3 Whether the Court should adopt the Referee's report under SCR Part 72

Ratio Decidendi

The Court declined to adopt the Referee's report because, after reviewing the evidence and objections, it was satisfied there were errors in the report's treatment of disclosure and misrepresentation in the insurance proposal (particularly regarding question 4.3); and the finding of waiver by H.I.H of disclosure in relation to question 4.3 was not supported on the evidence. Thus, adoption would not be a proper exercise of discretion under SCR Pt 72.

Court Disposition

Declined to adopt the Referee's report

Orders

  • Plaintiffs to file and serve Short Minutes of Orders within 7 days to give effect to the judgment and its practical consequences.
  • Fourth to seventh defendants and H.I.H to file and serve any written submissions on proposed or alternative orders within 7 days thereafter.