Quach v MLC Limited (No 6) [2021] FCA 271

Federal Court of Australia

Quach v MLC Limited (No 6) [2021] FCA 271 File number(s): ACD 18 of 2019

Judgment of: RARES J

Date of judgment: 2 March 2021

Catchwords: INSURANCE – life insurance – claim under policy for total and permanent disability caused by injury or sickness because applicant unable to practise profession– where applicant had been deregistered as medical practitioner by Civil and Administrative Tribunal of New South Wales (NCAT) – where NCAT found that applicant suffered from narcissistic personality disorder – where applicant claimed under insurance policy to be totally or partially disabled– where applicant had not provided insurer with any medical evidence supporting claim and had not complied with policy terms – where applicant did not lead any medical evidence that inability to practice caused by any illness or sickness – where applicant claimed NCAT finding binding on insurer and Court – where s 91 of the Evidence Act 1995 (Cth) precluded finding of fact in decision of Australian Court including NCAT being admissible to prove fact so found – applicant otherwise unable to substantiate claim for indemnity under insurance policy– claim that insurer breached s 13 of the Insurance Contracts Act 1984 (Cth) by failing to pay claim – held proceeding dismissed

Legislation: Evidence Act 1995 (Cth) ss 4, 8, 91, 136 Government Information (Public) Access Act 2009 (Cth) Health Practitioner Regulation (Adoption of National Law) Act 2009 (NSW) ss 139C, 139E Health Practitioner Regulation National Law Act 2009 (Qld) ss 5, 149 Insurance Contracts Act 1984 (Cth) ss 7, 13, 29, 47, 56, Judiciary Act 1903 (Cth) s 79 Vexatious Proceedings Act 2008 (NSW)