The couple filled out the insurance application, but for unknown reasons, Mr Dale simply put a dash in the date of birth field.

Trustbank, now realising this mistake, should have informed the Dales that they had no insurance cover, and not debit their bank account for the monthly premiums.

Trustbank's Tokoroa manager also claimed at this time that he had verbally advised the Dales earlier that there was no insurance cover, and that the premiums continued to be debited due to a clerical error.

The judge also found it difficult to believe that the premiums continued to be debited in error, considering they were overdrawn at the time, and it was the banks policy for such accounts to be personally monitored by the branch manager.

The judge also ruled, in case the matter was later successfully appealed, that the bank was also liable as well under promissory estoppel.