FEDERAL COURT OF AUSTRALIA
Resolution Life Australasia Limited v Teagle [2024] FCAFC 140
Appeal from: Resolution Life Australasia Ltd v Teagle [2023] FCA 1607 File number(s): NSD 101 of 2024 Judgment of: PERRY, DOWLING AND NEEDHAM JJ Date of judgment: 1 November 2024 Catchwords: SUPERANNUATION – Appeal from decision of primary judge, where primary judge decided that AFCA had jurisdiction to determine a “superannuation complaint” under Division 3 of Part 7.10A of the Corporations Act 2001 (Cth) to which an insurer had been joined by making a determination against the insurer – whether “a decision” within s 1053(1)(a) of the Corporations Act2001 (Cth) included a decision by an insurer joined to the complaint – whether an alternative route to compensation was legally unreasonable – whether AFCA’s remit to determine fairness and reasonableness should be bounded by reference to duties of trustees Legislation: Corporations Act2001 (Cth) Pt 7.10A Div 3, ss 1053(1)(a) –(j), 1053(5), 1054(1), 1054(2), 1055(1), 1055(2), 1055(4) to (7), 1057
Insurance Contracts Act 1984 (Cth)
Superannuation (Resolution of Complaints) Act 1993 (Cth) ss 17A, 18, 37(3)(b) to (d), 37(5), 37(6)
Treasury Laws Amendment (Putting Consumers First — Establishment of the Australian Financial Complaints Authority) Bill 2017 (Cth)
Cases cited: CGU Insurance Ltd v AMP Financial Planning Pty Ltd (2007) 235 CLR 1
Connor v Australian Financial Complaints Authority [2024] FCA 711
Distillers Co Bio-Chemicals (Aust) Pty Ltd v Ajax Insurance Co Ltd (1974) 130 CLR 1
MetLife Insurance Ltd v Australian Financial Complaints Authority & Anor (2022) 295 FCR 1; [2022] FCAFC 173
Minister for Aboriginal Affairs v Peko-Wallsend (1986) 162 CLR 24
NBMZ v Minister for Immigration and Border Protection [2014] FCAFC 38
QSuper Board v Australian Financial Complaints Authority Limited (2020) 267 FCR 97; [2020] FCAFC 55
Resolution Life Australasia Ltd v Teagle (Stay Application) [2023] FCA 1244
Resolution Life Australasia Ltd v Teagle [2023] FCA 1607
Retail Employees Superannuation Pty Ltd v Crocker (2001) 48 ATR 359; [2001] FCA 1330
Sharma v H.E.S.T. Australia Ltd [2022] FCA 536
Telstra Corp Ltd v Seven Cable Television Pty Ltd (2000) 178 ALR 707
Tratter v Aware Super [2024] FCAFC 36
Wan v BT Funds Management Limited [2020] 160 ACSR 81
Division: General Division Registry: New South Wales National Practice Area: Commercial and Corporations Sub-area: Commercial Contracts, Banking, Finance and Insurance Number of paragraphs: 126 Date of hearing: 8 August 2024 Counsel for the Appellant: D A Lloyd SC and J G Duncan Solicitor for the Appellant: Turks Legal Counsel for the First Respondent: Submitting appearance Counsel for the Second Respondent: Submitting appearance, save as to costs Counsel for the Third Respondent: E Holmes Solicitor for the Third Respondent: Becketts Lawyers ORDERS
NSD 101 of 2024 BETWEEN: RESOLUTION LIFE AUSTRALASIA LIMITED
Appellant
AND: GREGORY TEAGLE
First Respondent
N.M. SUPERANNUATION PROPRIETARY LIMITED
Second Respondent
AUSTRALIAN FINANCIAL COMPLAINTS AUTHORITY
Third Respondent
ORDER MADE BY:
PERRY, DOWLING AND NEEDHAM JJ
DATE OF ORDER:
1 NOVEMBER 2024
THE COURT ORDERS THAT:
1. The appeal is dismissed.
2. The appellant…
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- Case
- [2024] FCAFC 140
- Decision Date
CaseChat Overview and Summary
The Full Court held that the primary judge was correct in finding that AFCA had jurisdiction to determine the complaint against Resolution Life. The court reasoned that once Resolution Life was joined to the complaint, it became part of the superannuation complaint, and AFCA had the authority to assess the fairness and reasonableness of Resolution Life's decision. The Full Court upheld the primary judge's interpretation that the joinder of Resolution Life expanded AFCA's remit to include decisions by Resolution Life, as an "other person" who made "a decision to which the complaint relates." Therefore, the Full Court dismissed the appeal and ordered that Resolution Life pay the costs of the third respondent.
Orders
Orders of the court
1. The appeal is dismissed.
2. The appellant is to pay the costs of the third respondent as agreed or assessed.
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 was further submitted for AFCA that the alternative nature of the Determination (the Reversal Decision) was a pragmatic finding, given the overall context of AFCA’s findings and the fact that there was medical evidence before AFCA which pointed to the original injury giving rise to the exclusion, and the injury giving rise to the TPD claim, were unrelated. In those circumstances, it was submitted, AFCA’s Determination sought to provide a fair and reasonable outcome for Mr Teagle.Consideration of Grounds 1 and 2Introduction This appeal turns on issues of statutory construction. Cutting through the unnecessary parts of Division 3, and substituting NM Super for “the trustee” and the appellant for “the insurer”, the process of AFCA’s acceptance of, and determination of, Mr Teagle’s complaint must follow the below process:-(a)The complaint must be a “superannuation complaint”, in other words, it must be “a complaint … that [NM Super] has made a decision relating to [Mr Teagle] that is or was unfair or unreasonable” (s 1053(1)(a));(b)For the purposes of determining whether a decision has been made “for the purposes of [s 1053])” NM Super makes a decision if it makes, or fails to make, a decision (s 1053(5)).(c)Once a superannuation complaint has been made to AFCA, it may then join Resolution Life as “an insurer”, if it decides that Resolution Life should be a party to the superannuation complaint: (s 1054(1)(c));(d)AFCA may then make a determination of the superannuation complaint. In its determination, it has the powers, obligations, and discretions conferred on NM Super or other person who made “a decision to which the complaint relates”, or “engaged in conduct (including any act omission or representation) to which the complaint relates”: s 1055(1);(e)In its determination, AFCA must be satisfied that “a decision … in its operation in relation to” Mr Teagle, or conduct, is unfair or unreasonable: s 1055(4); and(f)In that determination, AFCA may, if so satisfied, vary or set aside the decision, or substitute its own decision. It may also remit the decision “to the person who made it for reconsideration”: (s 1055(6)). The question to be determined is whether AFCA is confined in its determination under s 1055(4) to assessing the fairness and reasonableness of the decision which was the “gateway” or “trigger” for the superannuation complaint, or whether the words in 1055(4) “to which the complaint relates” is, in the context of the power to join Resolution Life as the insurer, a broader power to determine a decision which may not necessarily be the decision of NM Super which grounded the superannuation complaint, but is a decision “to which the complaint relates” which in its operation in relation to Mr Teagle was unfair or unreasonable. As noted above, the primary Judge found (at J[48]-J[49]) that the question of whether Resolution Life’s decision (or failure to decide) fell within s 1053 of the Corporations Act was answered by the joinder of the appellant to the original superannuation complaint against NM Super. It was further held that on the basis of the analysis in [107] of Metlife, the joinder of Resolution Life to the complaint brought its decision (or failure to make a decision in this case) in as part of the superannuation complaint. Accordingly, once Resolution Life was joined, the primary judge held that AFCA could look at how “a decision” made by Resolution Life (being an “other person” referred to in s 1055(1)) who made “a decision to which the complaint relates”) was, in its operation in relation to Mr Teagle, not fair or reasonable in all the circumstances.Ground 1