Federal Court of Australia
Federal Court of Australia
MetLife Insurance Ltd v Hart [2021] FCA 410 File number: NSD 1260 of 2020
Judgment of: DERRINGTON J
Date of judgment: 30 April 2021
Catchwords: SUPERANNUATION – decision of Superannuation Complaints Tribunal setting aside "constructive rejection" of claim – where Tribunal failed to address the correct questions as to whether a rejection had occurred – where Tribunal failed to apply deed of cessation of cover in relation to historic TPD claim – where Tribunal failed to correctly apply definition of TPD in context of cessation of policy cover – matter remitted to Tribunal for further consideration
Legislation: Superannuation (Resolution of Complaints) Act 1993 (Cth) ss 4, 14, 18, 33, 37
Cases cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Finch v Telstra Super Pty Ltd (2010) 242 CLR 254 Haritos v Federal Commissioner of Taxation (2015) 233 FCR 315 Hellessey v MetLife Insurance Ltd [2017] NSWSC 1284 MetLife Insurance Ltd v FSS Trustee Corporation [2014] NSWCA 281 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Sargeant v FSS Trustee Corporation [2018] NSWSC 1997 Sharp Corporation of Australia Pty Ltd v Collector of Customs [1995] 59 FCR 6 Shuetrim v FSS Trustee Corporation [2015] NSWSC 464 TAL Life Ltd v Shuetrim (2016) 91 NSWLR 439
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