Tower Australia Limited v Pacific National Pty Limited & Ors [2012] NSWSC 1594

Tower Australia Limited v Pacific National Pty Limited & Ors [2012] NSWSC 1594

The Schedule was varied with the consent manifested by the conduct of the defendants and Marsh, after the plaintiff quoted renewed terms and the policy continued on foot, including enrolment of new members on terms only available under the varied policy. The premium rate payable from 1 February 2006 was therefore 0.754 per cent of insured benefit, and the defendants were liable for unpaid premium and interest. The defendants did not show sufficient reason to avoid ordinary costs to 23 December 2011 and indemnity costs from 24 December 2011 following the offer of compromise dated 23 December 2011.

Jurisdiction
Australia
Judgment Date
17 December 2012
Procedural Posture
Insurance Contract Dispute / Principal Judgment After Hearing
Outcome
Judgment for the plaintiff in the amount of $507,124.81, with costs on the ordinary basis to 23 December 2011 and indemnity costs from 24 December 2011.
Legal Topics
['group Salary Continuance Insurance Policy' 'variation of Premium Rates' 'mutual Assent by Conduct' 'prejudgment Interest' 'costs and Offers of Compromise']
['insurance' 'contract' 'civil Procedure'] ['group Salary Continuance Insurance Policy' 'variation of Premium Rates' 'mutual Assent by Conduct' 'prejudgment Interest' 'costs and Offers of Compromise']

Case Brief

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Procedural Posture

Insurance Contract Dispute / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the premium rate from 1 February 2006 to 2 April 2009 was 0.528 per cent or 0.754 per cent of the insured benefits.' 'Whether the defendants assented to variation of the premium rate by conduct.' 'Whether the plaintiff was entitled to prejudgment interest on unpaid premium.' 'Whether the defendants should pay costs on an ordinary basis and indemnity costs after the offer of compromise dated 23 December 2011.']

Ratio Decidendi

The Schedule was varied with the consent manifested by the conduct of the defendants and Marsh, after the plaintiff quoted renewed terms and the policy continued on foot, including enrolment of new members on terms only available under the varied policy. The premium rate payable from 1 February 2006 was therefore 0.754 per cent of insured benefit, and the defendants were liable for unpaid premium and interest. The defendants did not show sufficient reason to avoid ordinary costs to 23 December 2011 and indemnity costs from 24 December 2011 following the offer of compromise dated 23 December 2011.

Court Disposition

Judgment for the plaintiff in the amount of $507,124.81, with costs on the ordinary basis to 23 December 2011 and indemnity costs from 24 December 2011.

Orders

  • ['Give judgment for the plaintiff in the amount of $507,124.81.' "Order that the defendants pay the plaintiff's costs on the ordinary basis up to and including 23 December 2011." "Order that the defendants pay the plaintiff's costs on the indemnity basis from and including 24 December 2011." 'Give liberty to the...