Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Felix v NULIS Nominees (Australia) Ltd [2020] FCA 591 File number: NSD 181 of 2019
Judge: STEWART J
Date of judgment: 4 May 2020
Catchwords: SUPERANNUATION – appeal against determination by Superannuation Complaints Tribunal – entitlement of fund member to total and permanent disablement (TPD) benefit under insurance policy – whether Tribunal determination inconsistent with terms of insurance policy – construction of definition of 'total and permanent disablement' and other provisions of policy – whether six-month qualifying period requires inability to work in 'any' job or the insured's actual job – whether findings in relation to applicant's ability to work in the future infected by legal error – appeal dismissed
Legislation: Superannuation (Resolution of Complaints) Act 1993 (Cth) ss 14, 37, 46 Workers Compensation Act 1987 (NSW) s 43A
Cases cited: AIA Australia Ltd v Lancaster [2017] FCA 962 Australian Casualty Co Limited v Federico [1986] HCA 32; 160 CLR 513 Board of Trustees of the State Public Sector Superannuation Scheme v Edington [2011] FCAFC 8; 119 ALD 472 Bonovice v United Super Pty Ltd [2014] NSWSC 1470 Hannover Life Re of Australasia Ltd v Colella [2014] VSCA 205 Hannover Life Re of Australasia Ltd v Jones [2017] NSWCA 233 Jones v United Super Pty Ltd [2016] NSWSC 1551 McCann v Switzerland Insurance Australia Ltd [2000] HCA 65; 203 CLR 579 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 National Mutual Life Association of Australia Ltd v Campbell [2000] FCA 852; 99 FCR 562 Retail Employees Superannuation Pty Ltd v Crocker [2001] FCA 1330 Samaras v Australian Retirement Fund Pty Ltd [2007] FCA 1323
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