FEDERAL COURT OF AUSTRALIA
MetLife Insurance Ltd v Hart [2021] FCA 410
File number: NSD 1260 of 2020 Judgment of: DERRINGTON J Date of judgment: 30 April 2021 Catchwords: SUPERANNUATION – decision of Superannuation Complaints Tribunal setting aside “constructive rejection” of claim – where Tribunal failed to address the correct questions as to whether a rejection had occurred – where Tribunal failed to apply deed of cessation of cover in relation to historic TPD claim – where Tribunal failed to correctly apply definition of TPD in context of cessation of policy cover – matter remitted to Tribunal for further consideration Legislation: Superannuation (Resolution of Complaints) Act 1993 (Cth) ss 4, 14, 18, 33, 37 Cases cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321
Finch v Telstra Super Pty Ltd (2010) 242 CLR 254
Haritos v Federal Commissioner of Taxation (2015) 233 FCR 315
Hellessey v MetLife Insurance Ltd [2017] NSWSC 1284
MetLife Insurance Ltd v FSS Trustee Corporation [2014] NSWCA 281
Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259
Sargeant v FSS Trustee Corporation [2018] NSWSC 1997
Sharp Corporation of Australia Pty Ltd v Collector of Customs [1995] 59 FCR 6
Division: General Division Registry: New South Wales National Practice Area: Commercial and Corporations Sub-area: Commercial Contracts, Banking, Finance and Insurance Number of paragraphs: 142 Date of hearing: 29 March 2021 Counsel for the Applicant: Mr N Williams SC with Mr J Harrison Solicitor for the Applicant: Moray & Agnew Lawyers Counsel for the First Respondent: Mr T Ower Solicitor for the First Respondent: Cardillo Gray Partners Counsel for the Second Respondent: Dr R Austin Solicitor for the Second Respondent: Thomson Geer Counsel for the Third Respondent: The third respondent filed a submitting notice save as to costs ORDERS
NSD 1260 of 2020 BETWEEN: METLIFE INSURANCE LTD
Applicant
AND: MARIE HART
First Respondent
AWARE SUPER PTY LTD (FORMERLY FSS TRUSTEE CORPORATION)
Second Respondent
SUPERANNUATION COMPLAINTS TRIBUNAL
Third Respondent
ORDER MADE BY:
DERRINGTON J
DATE OF ORDER:
30 APRIL 2021
THE COURT ORDERS THAT:
1.The determination of the Superannuation Complaints Tribunal is set aside.
2.It is declared that the Superannuation Complaints Tribunal erred in determining that MetLife Insurance Ltd had “constructively rejected” the claim of the first respondent.
3.The matter is remitted to the Superannuation Complaints Tribunal or such other body lawfully authorised to undertake the responsibilities of that Tribunal, as the case may be, to be determined according to law and these reasons.
4.There be no order for costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
DERRINGTON J:
INTRODUCTION
This is an appeal brought by MetLife Insurance Ltd (MetLife) from a decision of the Superannuation Complaints Tribunal (the Tribunal) that set aside a purported “constructive rejection” of a claim by the first respondent, Ms Marie Hart, for a total and permanent disability…
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- Case
- [2021] FCA 410
- Decision Date
CaseChat Overview and Summary
The court found that the SCT had erred in setting aside the insurer's decision to reject Ms Hart's claim. The court held that the SCT had failed to address the correct questions in relation to whether a rejection had occurred and had failed to apply the correct legal principles in relation to the definition of TPD in the context of the cessation of policy cover. The court found that the SCT had not considered all of the relevant evidence and had not given proper weight to the evidence that was before it. The court also found that the SCT had not properly considered the effect of the cessation of cover on the claim. The court held that the SCT had erred in law and that the matter should be remitted to the SCT for further consideration.
The court set aside the decision of the SCT and remitted the matter back to the SCT for further consideration. The court declared that the SCT had erred in determining that MetLife Insurance Ltd had "constructively rejected" the claim of the first respondent. The matter was remitted to the SCT or such other body lawfully authorised to undertake the responsibilities of that Tribunal, as the case may be, to be determined according to law and these reasons. There was no order for costs.
Orders
Orders of the court
1. The determination of the Superannuation Complaints Tribunal is set aside.
2. It is declared that the Superannuation Complaints Tribunal erred in determining that MetLife Insurance Ltd had “constructively rejected” the claim of the first respondent.
3. The matter is remitted to the Superannuation Complaints Tribunal or such other body lawfully authorised to undertake the responsibilities of that Tribunal, as the case may be, to be determined according to law and these reasons.
4. There be no order for costs.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
It may also be observed that, despite the generality of the scope of powers conferred on the Tribunal to review complaints, the SRCA does impose some restraints on the Tribunal’s exercise of those powers and the discharge of its review function. The entitlement of parties to a complaint to make written submissions must necessarily give rise to an obligation on the Tribunal to consider such submissions in the performance of its statutory task. The same may be said of any oral submissions the Tribunal permits to be made. This is consistent with the Tribunal being obliged to undertake “proper consideration” of a review of a complaint (s 36) and it being obliged to pursue the objective of providing review mechanisms that are, inter alia, “fair”: s 11. More generally, it might also be thought that the legislature did not intend to empower a body to negatively affect parties’ rights without affording them an opportunity to be heard and to have their contentions taken into consideration.CONSIDERATION Appeal on a question of law Appeals to this Court from decisions of the Tribunal may only be made “on a question of law”: SRCA, s 46(1). Although the respondents submitted there was no such appeal in this case, little assistance was given with respect to the nature of the concept of “an appeal on a question of law” or as to how the issues on appeal did or did not satisfy that characterisation. Admittedly, the concept of “an appeal on a question of law” is elusive and one which numerous judges have attempted to comprehensively define without substantial success. Whilst the application of the concept may be difficult enough in relation to purely administrative bodies dealing with statutory rights, an additional dimension arises when the concept concerns appeals from administrative bodies which must apply statutory rules, taking into account the legal rights of private parties pursuant to contractual arrangements. The submissions of FSS to this Court did helpfully refer to the Full Court’s decision in Haritos v Federal Commissioner of Taxation (2015) 233 FCR 315. There, it was observed that no judicial exegesis should be given to the expression “appeal on a question of law”, although it was identified (at 384 [194]) that the mere fact that an appeal raises a question of law is not sufficient. The Court adopted the observations of Hill J in Sharp Corporation of Australia Pty Ltd v Collector of Customs [1995] 59 FCR 6 (at 16) that, where the question is whether facts found fall within or without the description used in a statute, the decision on where they fall is a question of fact and not law. However, the Court also accepted that a finding of fact may be vitiated by an error of law where the finding is based on a misdirection of law: at 384 [197]: and that cases involving mixed questions of law and fact may give rise to an appeal on a question of law where the error involved is one of law. It was also submitted by FSS that an appeal on a question of law will fail unless it is established that, but for the error of law, the decision below would, or may have been, different: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 at 353.