De Smeth v NSW Fire Brigades Superannuation Pty Ltd [2013] NSWSC 19

Supreme Court New South Wales

Medium Neutral Citation: De Smeth v NSW Fire Brigades Superannuation Pty Ltd [2013] NSWSC 19 Hearing dates: 10 October 2012 Decision date: 30 January 2013 Jurisdiction: Equity Division Before: Gzell J Decision: Interest to run from reasonable time after notification that injuries had stabilised Catchwords: INSURANCE - Accident and Sickness Insurance - claims ultimately accepted and paid - interest - Insurance Contracts Act 1984 (Cth), s 57 - injuries did not stabilise for over 2 years from accident - trustee of superannuation fund overruled early recommendation of insurer that plaintiff totally and permanently incapacitated Legislation Cited: Insurance Contracts Act 1984 (Cth) Cases Cited: Aldridge v Hannover Life Re of Australasia Ltd (District Court of New South Wales, Kearns J, 9 August 2012, unreported) Bankstown Football Club Limited v CIC Insurance Ltd (Supreme Court of New South Wales, Cole J, 17 December 1993, unreported) CIC Insurance Ltd v Bankstown Football Club Ltd [1994] NSWCA 359 CIC Insurance Ltd v Bankstown Football Club Ltd (No 2) [1995] NSWCA 76 CIC Insurance Ltd v Bankstown Football Club Ltd [1997] HCA 2; (1997) 187 CLR 384 Garage Fashions Pty Ltd v Insurance Australia Ltd [2011] NSWSC 968 Hams v CGU Insurance Ltd [2002] NSWSC 843 HIH Casualty & General Insurance v Insurance Australia (No 2) [2006] VSC 128 McConnell Dowell Middle East LLC v Royal & Sun Alliance Insurance Plc (No 2) [2009] VSC 49 Nino v MLC Ltd [2009] NSWSC 400 Sayseng v Kellogg Superannuation Pty Ltd [2007] NSWSC 857; (2007) 213 FLR 174 Summers v The National Mutual Life Association of Australasia (No 2) [2012] TASSC 9 Triffitt v Australiansuper Pty Ltd [2007] NSWSC 1167; (2007) 214 FLR 407 Texts Cited: CCH, Australian and New Zealand Insurance Reporter Category: Principal judgment Parties: Onno De Smeth (Plaintiff) NSW Fire Brigades Superannuation Pty Ltd (First Defendant) Suncorp Life and Superannuation Ltd (Second Defendant) Representation: Counsel: M Bleasel (Plaintiff) A Horvath (Defendants) Solicitors: Firths - The Compensation Lawyers (Plaintiff) DLA Piper (Defendants) File Number(s): SC 2011/218596