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Telstra Super Pty Ltd v Finch
[2009] VSCA 318
Citation 1
…ctor, but did not concede that disablement occurred whilst she was in active service. Telstra Super Pty Ltd v Finch [2009] VSCA 318 – (relevant incapacity must exist at time of cessation of employment – six months absence from active work, as applied to the present case, means absence of Mrs Carney from Fletcher J…
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Tuftevski v Total Risk Management Pty Ltd
[2009] NSWSC 315
Citation 2
…ext of the present case, is summarised in brackets after each case name and reference: Tuftevski v Total Risks Management Pty Ltd [2009] NSWSC 315 – (question to be asked is whether plaintiff was capable of present and future employment on light duties as at the last day he worked or within a reasonable time therea…
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Kowalski v MMAL Staff Superannuation Fund Pty Ltd (No 2)
[2008] FCA 691
Citation 3
…ade to the decision of Kowalski v MMAL Staff Superannuation Fund Pty Ltd (No.2) [2008] FCA 691 where the court itself executing the trust was described as a rare event. However, in some cases it has occurred – see Sayseng v Kellogg Superannuation Pty Ltd [2003] NSWSC 945 and other cases such as Rapa v Patience (u…
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Ivan Mabbett v Watson Wyatt Superannuation Pty Limited
[2008] NSWSC 365
Citation 4
…did have a role that Mrs Carney could perform). Mabbett v Watson Wyatt Superannuation Pty Ltd & Anor [2008] NSWSC 365 – (pursuant to definition in this particular case, no warrant for restricting the term “employment” to pre-injury duties or normal duties – issue is whether the plaintiff’s injury caused the plaint…
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Baker v Local Government Superannuation Scheme Pty Ltd
[2007] NSWSC 1173
Citation 5
…e taking into account past events for that purpose). Baker v Local Government Superannuation Scheme Pty Ltd [2007] NSWSC 1173 – (trustee must be satisfied that cessation of employment was due directly or indirectly to permanent physical and mental incapacity – injured worker terminated because employer had no work f…
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Samaras v Australian Retirement Fund Pty Ltd
[2007] FCA 1323
Citation 6
…ion but did not perform well – work made up for him – definition satisfied). Samaras v Australian Retirement Fund Pty Ltd [2007] FCA 1323 – (constituent elements of definition have to be satisfied and has to be causal link between disablement and absence from employment). It should be noted that, following the dis…
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Halloran v Harwood Nominees Pty Ltd
[2007] NSWSC 913
Citation 7
…ury had caused him to be absent from employment). Halloran v Harwood Nominees Pty Ltd [2007] NSWSC 913 – (“reasonably fitted by education, training or experience” means as at the date of assessment). 80 The defendant does not accept the submission that its decision to reject the fourth claim was one which no reason…
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Nile v Club Plus Superannuation Pty Ltd
[2005] NSWSC 55
Citation 8
…djournment of the hearing before His Honour Judge Robertson. 50 Reference is made to the decision in Nile v Club Plus Superannuation Pty Ltd & Anor [2005] NSWSC 55, a case which highlights the need for insurance trustees to give real and genuine consideration to new evidence submitted to them when reviewing claims…
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Hay v Total Risk Management Pty Ltd
[2004] NSWSC 94
Citation 9
…was doing, what absences she had and the like. 55 Finally, reference is made to the decision in Hay v Total Risk Management Pty Ltd [2004] NSWSC 94 where an injured person who was struggling to cope with his employment, and was being pressurised in relation to the days that he was taking off, ultimately took a vol…
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Sayseng v Kellogg Superannuation Pty Ltd
[2003] NSWSC 945
Citation 10
…in some cases it has occurred – see Sayseng v Kellogg Superannuation Pty Ltd [2003] NSWSC 945 and other cases such as Rapa v Patience (unreported, NSWSC, 4 April 1985). A court might substitute its own decision if it formed the view that the same error would occur again and again. The authorities do not establish…
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Telstra Super Pty Ltd v Flegeltaub
[2000] VSCA 180
Citation 11
…108 In Telstra Super Pty Ltd v Flegeltaub (2000) 2 VR 276, Callaway JA stated: “In the case of an obligation to form an opinion, a court may infer a breach of duty if the decision is one which no reasonable trustee could make on the material which was before it.”…
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Flegeltaub v Telstra Super Pty Ltd
[2000] VSC 107
Citation 12
…In Flegeltaub v Testra Super Pty Ltd [2000] VSC 107, Byrne J stated as follows: “The cases show that the court may and will itself execute the trusts and determine the entitlement of the claimant to a benefit where there is good reason to believe that the trustee would not itself do so or where the material befor…