Wood v James [1954] HCA 77

Wood v James [1954] HCA 77

The High Court majority (Dixon C.J. and Kitto J.) held that the policy's reference to 'the wife of the assured' must be construed as referring to the wife at the date of policy issue. The words making benefit conditional on the amount being payable 'during her lifetime' reinforce this, as the construction would otherwise render these words redundant; thus, the policy only provided for the wife existing at the policy's inception, and the children take if she did not survive the assured.

Jurisdiction
Australia
Procedural Posture
Appeal / Judgment of High Court of Australia on Appeal From the Supreme Court of Western Australia
Outcome
Appeal dismissed with costs.
Legal Topics
['construction of Life Insurance Policy' "statutory Trusts Under Married Women's Property Act" 'beneficiaries of Insurance Policies']
['insurance Law' 'trusts and Estates'] ['construction of Life Insurance Policy' "statutory Trusts Under Married Women's Property Act" 'beneficiaries of Insurance Policies']

Case Brief

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Procedural Posture

Appeal / Judgment of High Court of Australia on Appeal From the Supreme Court of Western Australia

Legal Issues

  1. 1 ["Whether 'the wife of the assured' in the policy refers to the wife at the time of policy issue or any wife surviving at maturity" 'Whether a subsequent wife is a beneficiary if the first wife (living at policy issue) predeceases the assured and a second wife survives']

Ratio Decidendi

The High Court majority (Dixon C.J. and Kitto J.) held that the policy's reference to 'the wife of the assured' must be construed as referring to the wife at the date of policy issue. The words making benefit conditional on the amount being payable 'during her lifetime' reinforce this, as the construction would otherwise render these words redundant; thus, the policy only provided for the wife existing at the policy's inception, and the children take if she did not survive the assured.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']