Apostolovski v Total Risk Management  NSWSC 1451
- Recent Decision
- 17 Dec 2010
For the first time in Australia, a Court awarded damages against a trustee for “gross unreasonable delay” in accepting a total and permanent disablement benefit claim from its member. The claim was first lodged in March 2006 and accepted two days prior to hearing. Damages included the Plaintiff’s solicitor/client costs in defending the mortgagee in possession proceedings, penalty interest, charges and mortgagee costs totalling $200,000. The Court also awarded almost $90,000 in interest in addition to the trustees paying the $310,000 benefit.