Hannover Life Assurance Re of Australasia Ltd v Membrey [2004] FCA 1095

FEDERAL COURT OF AUSTRALIA

Hannover Life Assurance Re of Australasia Ltd v Membrey [2004] FCA 1095 SUPERANNUATION INSURANCE – Complaints Tribunal – Member of an employee insurance fund murdered - Insurer refused to pay interest on claim under insurance policy after taking five years to exercise a discretion in respect of proof of death – Whether Superannuation Tribunal erred in finding that Insurer had unreasonably and unfairly refused to pay interest – Whether compound interest was appropriate. Administrative Appeals Tribunal Act 1975 (Cth) Insurance Contracts Act 1984 (Cth) Superannuation (Resolution of Complaints) Act 1993 (Cth) Attorney‑General (Cth) v Breckler (1999) 197 CLR 83 referred to Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 referred to Briffa v Hay (1997) 75 FCR 428 at 443E referred to Colonial Mutual Life Assurance Society Limited v Brayley [2000] FCA 133 referred to Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 referred to Federal Commissioner of Taxation v Raptis (1989) 2 ATC 4994 referred to Hungerfords and Ors v Walker and Ors (1990) 171 CLR 125 referred to National Mutual Life Association of Australasia v Campbell (2000) 99 FCR 562 at 565 followed Ngaere Belinda Hornsby v Military Superannuation & Benefits Board of Trustees No. 1 (2003) 123 FCR 484 referred to NRMA Insurance Ltd v Tatt and Anor (1989) 92 ALR 299 referred to Moss v Sun Alliance Australia Ltd (1990) 93 ALR 592 referred to Retail Employees Superannuation v Crocker (2001) FCA 1330; 48 ATR 359 referred to Walker v FAI Insurance Ltd (1991) 6 ANZ Insurance Cases 60-O81 referred to James Edelman "Claims to Compound Interest in Restitution: Awakening the Sleeping Giant" – (1999) 27 ABLR 211 James Edelman "Claims to Compound Interest Part II: Extending Compound Interest Claims for Wrongdoing" – (2000) 28 ABLR 115