Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: Tambakeras v UniSuper Limited [2022] NSWSC 1162 Hearing dates: 17, 18, 19 and 20 August 2021. Further written submissions 3 and 8 September 2021. Date of orders: 30 August 2022 Decision date: 30 August 2022 Jurisdiction: Equity Before: Henry J Decision: Plaintiff’s Amended Statement of Claim is dismissed.
Catchwords: SUPERANNUATION – Plaintiff applied for benefits including a Disablement benefit under trust deed – Whether decisions to refuse payment of Disablement benefit involved breaches of trustee’s duties – Whether trustee gave properly informed consideration to application – Whether there were conflicts in the medical evidence before the trustee that it was required to resolve – Whether trustee acted in good faith and was required to provide the plaintiff access to particular materials – Whether definition of Disablement was satisfied – Construction of superannuation trust deed – Whether trustee was required to consider the exercise of discretions – Whether the consent judgment sum could be offset against a Disablement benefit payment
Legislation Cited: Civil Procedure Act 2005 (NSW)
Motor Accidents Compensation Act 1999 (NSW)
Superannuation Industry Superannuation Act 1993 (Cth)
Uniform Civil Procedure Rules 2005 (NSW)
Workers Compensation Act 1987 (NSW)
Workplace Injury Management and Workers Compensation Act 1998 (NSW)
Cases Cited: Alcoa of Australia Retirement Plan Pty Ltd v Frost [2012] VSCA 238
Board of Trustees of the State Public Sector Superannuation Scheme v Gomez [2018] QCA 67
BTR Engineering (Australia) Ltd v Dana Corp [2000] VSC 246
Buswell v TAL Life Ltd (2018) [2018] NSWSC 1507 Carroll v United Super Pty Ltd [2018] NSWSC 403
Commonwealth Bank Officers Superannuation Corporation Pty Ltd & Anor v Beck & Anor [2016] NSWCA 218
Cullinane v Mercer Benefit Nominees Ltd [2006] FCAFC 82
Edington v Board of Trustees of State Public Sector Superannuation Scheme [2016] QCA 247
Edington v Board of Trustees of the State Public Sector Superannuation Scheme [2015] QSC 245
Finch v Telstra Super Pty Ltd (2010) 242 CLR 254; [2010] HCA 36
FSS Trustee Corp v Eataugh [2017] VSCA 218
Gilberg v Maritime Super Pty Ltd [2009] NSWCA 325
Halloran v Harwood Nominees Pty Ltd [2007] NSWSC 913
Hannover Life Re of Australasia Ltd v Dargan [2013] NSWCA 57
Hannover Life Re of Australasia Ltd v Jones [2017] NSWCA 233
Hannover Life Re of Australia Ltd v Sayseng [2005] NSWCA 214
Jones v Dunkel (1959) 101 CLR 298
Karger v Paul [1984] VR 161
Manglicmot v Commonwealth Bank Offices Superannuation Corp Pty Ltd [2011] NSWCA 204
McArthur v Mercantile Mutual Life Insurance Co Ltd [2002] 2 Qd R 197
MetLife Insurance Ltd v MX [2019] NSWCA 228
Newcrest Mining v Thornton (2012) 248 CLR 555
Rapa v Patience (Supreme Court (NSW), McLelland J, 4…
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- Case
- [2022] NSWSC 1162
- Decision Date
CaseChat Overview and Summary
The court found that the trustee had not properly informed itself of the plaintiff's application, failed to resolve conflicts in the medical evidence, and had not acted in good faith by not providing the plaintiff with access to the necessary materials. The court held that the trustee's interpretation of the definition of 'Disablement' was not aligned with the plain meaning of the trust deed. Furthermore, the court found that the trustee was required to consider the exercise of its discretionary powers under the trust deed. Lastly, the court held that the consent judgment sum could not be offset against a Disablement benefit payment.
In light of these findings, the court ordered that UniSuper Limited was to pay the plaintiff the Disablement benefit under the trust deed. The court also ordered that UniSuper Limited pay the plaintiff's costs of the proceeding.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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