Macras v Nulis Nominees (Australia) Limited [2018] FCA 1867

FEDERAL COURT OF AUSTRALIA

Macras v Nulis Nominees (Australia) Limited [2018] FCA 1867 Appeal from: D17-18\041 [2017] SCTA 127

File number: VID 1091 of 2017

Judge(s): DAVIES J

Date of judgment: 30 November 2018

Catchwords: ADMINISTRATIVE LAW –appeal from a decision of the Superannuation Complaints Tribunal – scope of jurisdiction under s 46(1) of the Superannuation (Resolution of Complaints) Act 1993 (Cth) – where trustee held insurance policy on behalf of applicant – where policy had exclusion for non-disclosed pre-existing conditions – where insurer sought access to further medical information before determining applicant's entitlement under the policy – where trustee decided not to make payment to applicant until insurer determined applicant's entitlement – where Tribunal found decisions were "fair and reasonable in the circumstances" – where insurer had the right under the policy to ask for further information – where open to Tribunal to find there was evidence to support insurer's position that it needed further information – scope of matters relevant to Tribunal's assessment of fairness and reasonableness – no error of law disclosed in Tribunal's reasons

Legislation: Equal Opportunity Act 2010 (Vic) Superannuation (Resolution of Complaints) Act 1993 (Cth)

Cases cited: Haritos v Federal Commissioner of Taxation (2015) 233 FCR 315

Date of hearing: 1 November 2018

Registry: Victoria

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords