Quantum by territory and stream

The $100,743,642 total is built from two concurrent commission streams across three territories. All figures are floors calculated on Aegon's own declared data using a three-phase correction methodology.

S0-06 — The Central Question Full document in bundle — S0-06

The figures on this page derive from one unanswered question: what reinsurance premiums did the Defendants actually receive? The Defendants have admitted the data exists and was not provided to the commission calculation function. No explanation has been provided. These figures are calculated on Aegon’s own declared data — they are a floor. On production of actual bordereaux, all figures will be recalculated upward.

Floor note: All figures use Aegon's own declared GWP because Aegon refuses to produce actual bordereaux. The three corrections are contractually required — not modelling choices. Actual bordereaux production will increase all figures.

Consolidated summary

Component Agreement Principal Interest Total
Korea underpaymentsEA~$16,504,603~$12,200,000~$28,700,000
Japan underpaymentsEA~$15,456,641~$11,400,000~$26,900,000
Australia — St George / LumleyEA~$5,001,342~$3,700,000~$8,700,000
Australia — CBAEA~$3,003,991~$2,200,000~$5,200,000
EA subtotal — Base CommissionEA$39,966,577$29,490,188$69,456,765
CA — Bonus CommissionCA$16,730,644$14,556,233$31,286,877
Total claimEA + CA$56,697,221$44,046,421$100,743,642

Territory breakdown — EA (Base Commission)

Korea
EA principal ~$16,504,603
Korea rate correction (Claim 1) ~$13,653,285
Decay factor ×0.982/month
Component B Reserved
Insurer LG Insurance
Largest single territory. Rate correction (Claim 1) alone yields ~$13.65M on Aegon's own data. Decay rate 1.8%/month admitted in CC-10. Component B deferred pending production order.
Japan
EA principal ~$15,456,641
Decay factor ×0.99/month
Insurers MSI + Aioi
CC-10 admitted decay rate (1%/month). CC-13 pivot: estimates substituted for actuals from July 2005. Estimate-vs-actuals differential reserved for Component B.
Australia
St George EA ~$3,867,518
Lumley EA ~$1,133,824
CBA EA ~$3,003,991
CBA decay factor ×0.9865/month
St George and Lumley: declared actuals used as base (no decay applied). CBA: CC-10 decay rate 1.35%/month applied. Actual GWP figures reserved pending production order.

CA — Bonus Commission

Concurrent and cumulative entitlement — not an alternative to EA commission. Applies to the same reinsurance premium stream under a separate contractual instrument.

Base entitlement

1.75%
of Assumed Reinsurance Premiums Received under the seven reinsurance agreements listed in the Consulting Agreement
Deductions and adjustments
A

Sliding scale reduction on high-volume premiums

Commissions are subject to a sliding scale based on gross premiums collected cumulatively across all territories in each annual period. The 1.75% base rate applies to the first USD $50 million. Commissions reduce on annual cumulative premiums exceeding USD $50 million, and reduce further on premiums exceeding USD $100 million. The first-tier rate (1.75%) applies throughout the periods in evidence — no tier reduction is pleaded as a material adjustment in the current quantum.

B

One-third reduction from 1 July 2005

Following expiry of the Consulting Agreement on 30 June 2005, Paragraph 5(c) triggered automatically. From 1 July 2005, commissions reduce by one-third — Harrison receives two-thirds of the Schedule 1 commission for as long as premiums continue to be received under the named reinsurance agreements. This two-thirds factor is applied throughout the CA quantum calculation and is a conservative constant in the bundle.

Interest methodology — $44,046,421

Key parameters

Statutory authoritys.100 CPA 2005 (NSW)
RateRBA cash rate + 4% p.a.
BasisSimple interest
Start date1 July 2005
End date (stated)25 Nov 2025
Monthly accrual points~245 separate shortfalls

Interest is not calculated by applying a single rate to a single figure. Each of the approximately 245 monthly shortfalls carries its own accrual from its own date. The July 2005 shortfall has accrued approximately 245 months of interest. The final shortfall accrues fractionally. The total is the sum of all individual accruals — this is the correct s.100 methodology and is why the interest component is substantial relative to principal.

20+ years
of accrual from July 2005
7.25%
RBA peak 2007–09 (+4% = 11.25%)
245
separate monthly accrual clocks
3.9% p.a.
effective average rate on principal
Simple only
compound interest reserved
Accrues daily
to judgment — not in floor figure

Three-phase correction methodology

All figures are derived by applying three sequential corrections to Aegon's declared data. Each phase is contractually required — not a modelling choice.

1

Cohort aggregation — Old + New = ALL

All premium cohorts are aggregated. Aegon's restriction to "new" cohorts only is reversed. This is the most significant correction by quantum. (Claim 2)

2

Lapse rate normalisation

Aegon's admitted decay factors (Japan ×0.99/month, Korea ×0.982/month, CBA ×0.9865/month per CC-10) are replaced with published industry-standard lapse rates (KLIA / LIAJ / APRA), increasing the cumulative commission base across the 20-year period.

3

Rate correction

Contractual rates applied (1.875% EA; 1.75% CA base rate before deductions). Korea: rate restored from 0.375% to 1.875% — the reduction is void under EA Clause 20 and GPR-TIMAP s.9.6. (Claim 1)

Source documents
Three Series 7 documents underlie the quantum page. S7-04 contains the territory-by-territory breakdown; S7-05 is the complete interest calculation analysis; S7-07 is the pleading-ready summary with SOC cross-references.
S7-04 · Territory Quantum
Numbers by territory — full derivation
  • Part 1 — OverviewTotal claim construction; EA/CA as cumulative not alternative streams
  • Part 2 — EA by territoryKorea, Japan, St George, Lumley, CBA — principal figures and notes for each
  • Part 3 — CA by territoryADMS assumed risk percentages; two-thirds run-off factor; all territory breakdown
  • Part 4 — Three-phase correction methodologyCohort aggregation, lapse rate normalisation, rate correction — applied territory by territory
  • Part 5 — Conservative basis statementFormal certification of the eight constraints suppressing the floor
  • Part 6 — Combined territory summaryReconciliation of all territory figures to the locked $100,743,642 total
S7-05 · Interest Calculation
$44,046,421 — full methodology
  • Part 1 — Legal basiss.100 Civil Procedure Act 2005 (NSW); RBA + 4% formula; individual accrual per shortfall
  • Part 2 — Interest periodJuly 2005 to 25 November 2025; approximately 245 monthly accrual points
  • Part 3 — Interest by streamEA interest $29,490,188 and CA interest $14,556,233 — derivation of each
  • Part 4 — Why interest is substantialRBA rate history; 20-year accrual period; proportionality analysis
  • Part 5 — Simple vs compound interestSimple interest applied; equitable compound interest reserved
  • Part 6 — Floor status and ongoing accrualInterest continues daily to judgment; not included in stated $44,046,421
  • Part 7 — Rebuttal: Allens "5× greedy claim"Full rebuttal of the anticipated challenge to the interest quantum
S7-07 · Damages Summary for Pleading
Pleading-ready cross-reference
  • Part 2 — The claim at a glanceTotal construction; interest as ~77.7% of principal — why this is proportionate
  • Part 4 — The two claimsEA and CA as concurrent obligations; not alternatives
  • Part 5 — Conservative basis certificationFormal statement of all eight conservative constraints
  • Part 6 — Correction methodology statementThe three corrections as contractually required — not modelling choices
  • Part 7 — Cross-reference map to SOCEach quantum component mapped to its Statement of Claim paragraph number