Tambakeras v UniSuper Limited

The plaintiff in this matter sought to claim benefits, including a Disablement benefit, under the trust deed established by UniSuper Limited. The central issue before the court was whether the decisions made by UniSuper Limited to refuse the plaintiff's application for the Disablement benefit involved any breaches of the trustee's duties under the trust deed. The court was required to examine whether the trustee had given properly informed consideration to the plaintiff's application, whether there were conflicts in the medical evidence before the trustee that it was required to resolve, and whether the trustee acted in good faith and was required to provide the plaintiff with access to particular materials. The court also needed to determine if the definition of 'Disablement' was satisfied and whether the trustee was required to consider the exercise of any discretionary powers under the trust deed. Additionally, the court had to decide whether the consent judgment sum could be offset against a Disablement benefit payment.

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.