Newey v First Superannuation Pty Ltd [2009] NSWSC 1100

New South Wales Supreme Court

CITATION : Newey v First Superannuation Pty Ltd [2009] NSWSC 1100

HEARING DATE(S) : on the papers

JUDGMENT DATE : 16 October 2009

JURISDICTION : Equity Division

JUDGMENT OF : Rein J

DECISION : 1. Judgment for the defendants. 2. The plaintiff to pay the defendants' costs of the determination on the papers and court appearances on 28 August 2009, 2 September 2009 and today on the ordinary basis but to a maximum amount of $5000.

CATCHWORDS : INSURANCE – accident and sickness insurance – claim for total and permanent disablement benefit – only issue remaining is recoverability of interest pursuant to s 57 Insurance Contracts Act 1984 (Cth) and costs – whether or not insurer ought to have deferred determination of claim which it subsequently paid – whether or not insurer was of the opinion or ought reasonably have been of the opinion that plaintiff met the total and permanent disablement definition at an earlier time - PROCEDURE – costs – general rule costs follow the event – cap imposed on costs recoverable

LEGISLATION CITED : Insurance Contracts Act 1984 (Cth)

CATEGORY : Principal judgment

Dumitrov v SC Johnson & Son Superannuation Pty Ltd [2006] NSWSC 1372 Edwards v Hunter Valley Co-op Dairy Co Ltd (1992) 7 ANZ Ins Cas 61-113 CASES CITED : Hanover Life Re of Australasia Ltd v Sayseng [2005] NSWSCA 214; (2005) 13 ANZ Ins Cas 90-123 NRMA Insurance Ltd v Tatt (1989) 5 ANZ Ins Cas 60-902 Tower Australia Ltd v Farkas (2005) 64 NSWLR 253

TEXTS CITED : Ritchie's Uniform Civil Procedure

Aaron Newey (Plaintiff) PARTIES : First Superannuation Ptd trading as First Super Pty Ltd (First defendant) Hanover Life Re of Australasia Ltd (Second defendant)