Tower Australia Ltd v Karim Shakir [2007] NSWDC 239

Tower Australia Ltd v Karim Shakir [2007] NSWDC 239

Tower established that Mr Shakir gave false answers regarding his back condition which he knew to be false, constituting fraudulent misstatement and non-disclosure. Tower is entitled to recover the monies paid under the policy as the back exclusion would not have been removed but for these statements.

Jurisdiction
Australia
Judgment Date
26 October 2007
Procedural Posture
Civil / Judgment
Outcome
Judgment for the Plaintiff
Legal Topics
['fraudulent Misrepresentation' 'non Disclosure' 'sickness and Accident Insurance' 'standard of Proof']
['insurance Law' 'civil Procedure'] ['fraudulent Misrepresentation' 'non Disclosure' 'sickness and Accident Insurance' 'standard of Proof']

Case Brief

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Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 ['Whether the defendant made false statements and non-disclosures regarding his back condition to the insurer' 'Whether those false statements were made fraudulently']

Ratio Decidendi

Tower established that Mr Shakir gave false answers regarding his back condition which he knew to be false, constituting fraudulent misstatement and non-disclosure. Tower is entitled to recover the monies paid under the policy as the back exclusion would not have been removed but for these statements.

Court Disposition

Judgment for the Plaintiff

Orders

  • ['Judgment for Tower Australia Ltd in the amount of $112,781.24' "Order that Mr Shakir pay Tower's costs"]