-
Gilberg v Maritime Super Pty Ltd [2009] NSWCA 325
- Recent Decision
- 08 Oct 2009
The Court of Appeal held that the trustee must reconsider a claim whenever new evidence or material is submitted on behalf of its member. This was the first case in NSW that made a determination on th... Read All
-
Tuftevski v Total Risk Management Pty Ltd [2009] NSWSC 315; (No 2) [2009] NSWSC 1021
- Article
- 30 Sep 2009
The Court determined that the trustee breached its duty owed when it failed to consider in totality the evidence and wrongly failed to make independent enquiries. Read All
-
Hay v Total Risk Management Pty Ltd [2004] NSWSC 94
- News
- 27 Apr 2009
The court determined that the trustee breached its duties in not assessing the opinion of doctors in totality as opposed to individually and selectively. Read All
-
Nino v MLC Limited [2009] NSWSC 400
- Recent Decision
- 24 Apr 2009
Confirmed payment of interest by the insurer if the claim was not accepted within a reasonable period of time, i.e. three months Read All
-
Phillips (nee Durand) v Tower Australia Ltd [2008] NSWSC 1047
- News
- 08 Oct 2008
The Court determined that Tower was “estopped” from denying representations made to the Plaintiff regarding suspending her income protection policy and declaring that the policy continued to be in exi... Read All
-
Sayseng v Kellogg Superannuation Pty Ltd Anor [2003] NSWSC 945 (Bryson J)
- Recent Decision
- 08 Aug 2007
Established the principle that the insurer owed an obligation to act with utmost good faith to members of superannuation funds who are not TPD policy owners Read All
-
Bottrell v National Mutual Life [2007] NSWSC 458
- Recent Decision
- 01 Jun 2007
The Court determined that the insurer wrongly avoided the Plaintiff’s income protection policy on the basis of fraud and awarded damages of over $1.4 million for wrongful repudiation plus costs some o... Read All
-
Halloran v Harwood Nominees Pty Ltd & Anor [2007] NSWSC 913 (Brereton, J)
- Recent Decision
- 01 Apr 1999
The Court determined that the trustee and insurer wrongfully declined the Plaintiff’s TPD claim by taking into consideration retraining the Plaintiff underwent after termination of employment and a br... Read All