Hart v MetLife Insurance Limited [2023] NSWCA 230

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hart v MetLife Insurance Limited [2023] NSWCA 230 Hearing dates: 31 July 2023, 6 September 2023 Date of orders: 28 September 2023 Decision date: 28 September 2023 Before: Meagher JA at [1]; Leeming JA at [95]; Mitchelmore JA at [96] Decision: (1) Leave be granted to amend the notice of appeal to include ground 5. (2) Allow the appeal on ground 5. (3) Set aside order 1 made by Black J on 15 September 2022 to the extent that order dismisses the prayers for relief referred to in order 4 below. (4) Order that the proceedings in respect of the prayers for relief made by pars 4, 5 and 6 as supported by pars 8, 10-12, 16-27 and 36 of the Statement of Claim be remitted to the Equity Division for determination of those claims. (5) Set aside order 2 made by Black J on 15 September 2022. (6) Direct that MetLife provide written submissions not to exceed 3 pages within 7 days of the making of these orders on the question of costs, and that Ms Hart respond to those submissions within 7 days of their receipt, her submissions also not to exceed 3 pages. In each case the submissions are to be provided to Meagher JA's Associate. Catchwords: INSURANCE — Claims — Where insurer denied insured's claim to total and permanent disablement benefit on basis that it was not "on risk" for injury or illness causing disablement — Where parties consented to determination of separate questions which could not decide that issue — Issue remitted to Equity Division for decision CIVIL PROCEDURE — Separate determination of questions — Where primary judge dismissed whole of proceedings following answers to separate questions — Where separate questions asked whether there were breaches by insurer in denying and failing to reconsider insured's claim — Whether separate questions capable of disposing of whole of proceedings — Whether parties' agreement justified making an order under UCPR r 28.4 dismissing proceedings Legislation Cited: Superannuation (Resolution of Complaints) Act 1993 (Cth), s 46(1) Uniform Civil Procedural Rules 2005 (NSW), rr 28.2, 28.4 Cases Cited: Burke v MetLife Insurance Ltd [2019] NSWSC 177 CGU Insurance Limited v AMP Financial Planning Pty Ltd (2007) 235 CLR 1; [2007] HCA 36 Edwards v The Hunter Valley Co-op Dairy Co Ltd (1992) 7 ANZ Ins Cas 61-113 Fidelitas Shipping Co Ltd v V/O Exportchleb [1966] 1 QB 630 Hannover Life Re of Australasia Limited v Sayseng [2005] NSWCA 214; (2005) 13 ANZ Ins Cas 90-123 Hannover Life Re of Australasia Ltd v Jones [2017] NSWCA 233 McArthur v Mercantile Mutual Life Ins Co Ltd [2002] 2 Qd R 197; [2001] QCA 317 Medical Defence Union Ltd v Department of Trade [1980] Ch 82 MetLife Insurance Ltd v Hart [2021] FCA 410 MetLife Insurance Ltd v Hellessey [2018] NSWCA 307 O'Toole v Charles David Pty Ltd (1991) 171 CLR 232; [1991] HCA 14 Shuetrim v FSS Trustee Corporation [2015] NSWSC 464 TAL Life Ltd v Shuetrim; MetLife Insurance Ltd v Shuetrim (2016) 91 NSWLR 439; [2016] NSWCA 68 Category: Principal judgment Parties: Marie Hart (Appellant) MetLife Insurance Limited (Respondent) Representation: Counsel: GK Rich SC and AM Coombes (Appellant) SB Lloyd SC and J Harrison (Respondent)