Quach v MLC Limited (No 6)

In Quach v MLC Limited (No 6), the applicant, Mr Quach, sought to claim under a life insurance policy for total and permanent disability due to his inability to practise as a medical practitioner, following his deregistration by the Civil and Administrative Tribunal of New South Wales (NCAT). The dispute involved the interpretation and application of the insurance policy terms and the admissibility of NCAT findings in the insurance claim proceeding. The key legal issue before the court was whether the findings of fact by NCAT could be admissible to prove the existence of facts in issue in the insurance claim proceeding, and if MLC was bound by these findings.

The court held that under section 91 of the Evidence Act 1995 (Cth), evidence of decisions or findings of fact in Australian proceedings, including those before NCAT, is not admissible to prove the existence of facts in issue in another proceeding. Therefore, the NCAT findings could not be used as evidence to substantiate Mr Quach’s claim. Furthermore, the court found that MLC was not bound by the NCAT findings as it was neither a party to nor privy to those decisions. Consequently, Mr Quach’s argument that MLC was in breach of the insurance policy by not paying his claim was dismissed.

The court concluded that Mr Quach had failed to provide any meaningful information or medical evidence to substantiate his claim and had not complied with the policy terms. His argument that MLC was required to accept the NCAT findings as binding was rejected as it would unjustly prejudice MLC, which had no opportunity to challenge those findings. The court also dismissed Mr Quach’s reliance on section 47 of the Insurance Contracts Act 1984 (Cth), which deals with pre-existing sickness or disability. The application was dismissed, and Mr Quach was ordered to pay MLC’s costs.