NSW Caselaw
New South Wales District Court
CITATION: Rumble v Host-Plus Pty Limited & Anor [2007] NSWDC 203
HEARING DATE(S): 4 -5 October 2007
JUDGMENT DATE: 10 October 2007
JURISDICTION: Civil
JUDGMENT OF: Goldring DCJ
DECISION: Verdict for the first and second defendant
CATCHWORDS: Contract - breach of covenant by insurer under superannuation scheme - duty of insurer - duty of Trustee - function of court
LEGISLATION CITED: Superannuation Industry (Supervision) Act 1993
Sayseng v Kellogg Superannuation Pty Limited & Anor [2003] NSWSC 945 Hannover Life Re of Australia Limited v Sayseng [2005] NSWCA 214 Edwards v The Hunter Valley Co-op Dairy Co. Ltd & Anor (1992) 7 ANZ Ins Cas 61-113 at 77,536 and 77,537 CASES CITED: Rapa v Patience (unreported, 4 April 1985) Halloran v Harwood Nominees Pty Ltd [2007] NSWSC 913 SZBYR v Minister for Immigration and Citizenship (2007) 235 ALR 609, esp at [25] Minister for Immigration and Ethnic Affairs v Wu Shing Liang (1996) 185 CLR 259 at 272
Nathan Lyle Rumble (Plaintiff) PARTIES: Host-Plus Pty Limited (First Defendant) National Mutual Life of Australasia Limited (Second Defendant)
FILE NUMBER(S): 5131 of 2006
COUNSEL: Mr R.B. Petrie (Plaintiff) Mr D.F. Villa (First & Second Defendant)
SOLICITORS: P.K. Simpson & Co (Plaintiff) Turkslegal (First & Second Defendant)
JUDGMENT
1 HIS HONOUR: The principal issue in this case is whether it was reasonable, in all the circumstances, for the defendants, to find that the plaintiff, Nathan Rumble, was not totally and permanently incapacitated for work.
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