MX v FSS Trustee Corporation as Trustee of the First State Superannuation Scheme [2020] NSWSC 961

Supreme Court New South Wales

Medium Neutral Citation: MX v FSS Trustee Corporation as Trustee of the First State Superannuation Scheme [2020] NSWSC 961 Hearing dates: 17 July 2020 Date of orders: 28 July 2020 Decision date: 28 July 2020 Jurisdiction: Equity - Applications List Before: Robb J Decision: (1) The second defendant's amended notice of motion filed in court on 17 July 2020 is dismissed. (2) The second defendant is to pay the plaintiff's costs of the notice of motion. Catchwords: CONTRACTS — Formation — Agreement — Intention to make concluded bargain — where there was a purported acceptance of a Calderbank offer of settlement — where there was uncertainty, in the insurance context, as to what was intended by the reference to 'stages' and the associated costs — where the evidence militates toward the conclusion that there was no intention to create an immediately binding contract — where there was an additional party that was not included in the agreement — held that the proper effect of the objective circumstances was merely that a provisional agreement was made Legislation Cited: Civil Procedure Act 2005 (NSW) Superannuation Industry (Supervision) Act 1993 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Estate of Baissari; Chehade v El Khoury [2020] NSWSC 563 In the matter of Leslie Muir Holdings Pty Ltd [2019] NSWSC 1519 MetLife Insurance Ltd v MX [2019] NSWCA 228 MX v FSS Trustee Corporation as Trustee of the First State Superannuation Scheme [2018] NSWSC 923 Owen v Owen [2020] NSWSC 258 TAL Life Ltd v Shuetrim (2016) 91 NSWLR 439; [2016] NSWCA 68 Category: Consequential orders (other than Costs) Parties: MX (plaintiff / respondent) FSS Trustee Corporation as Trustee of the First State Superannuation Scheme (first defendant) MetLife Insurance Ltd (second defendant / applicant) Representation: Counsel: J Morris SC / M Best (plaintiff / respondent) S Drummond (sol) (first defendant) S Walsh (second defendant / applicant)