MetLife Insurance Ltd v FSS Trustee Corporation / FSS Trustee Corporation v Maund [2014] NSWCA 281

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: MetLife Insurance Ltd v FSS Trustee Corporation / FSS Trustee Corporation v Maund [2014] NSWCA 281 Hearing dates: 26 May 2014 Decision date: 25 August 2014 Before: Macfarlan JA at [1]; Meagher JA at [2]; Ward JA at [18] Decision: 1. Leave to appeal is granted in each of proceedings 2013/107706 (the MetLife proceedings) and 2013/107746 (the FSS proceedings) and each of the appeals is allowed. 2. Orders 1 to 5 of the Court below be set aside. 3. In place thereof, order that there be judgment for FSS Trustee Corporation and MetLife Insurance Ltd. 4. Order Ms Maund to repay to MetLife the sum paid to her pursuant to the orders made by Lindsay J on 21 March 2013. 5. The costs orders made below not be disturbed. 6. The appellants pay Ms Maund's costs of the appeals. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: INSURANCE - Life insurance - interpretation of insurance policy - where group policy included benefit for total and permanent disablement - for the purpose of calculating the "Sum Insured" what is meant by "the time of the Insured Event giving rise to the claim"

APPEAL AND NEW TRIAL - appeal - leave to appeal - whether leave to appeal should be granted where sum in dispute is less than $100,000 but decision has potential to affect numerous other claims already determined and pending determination Legislation Cited: Civil Procedure Act 2005 (NSW) First State Superannuation Act 1992 (NSW) Insurance Contracts Act 1984 (Cth) Insurance Contracts Regulations 1985 (Cth) Police Act 1990 (NSW) Superannuation Administration Act 1996 (NSW) Cases Cited: Finch v Telstra Super Pty Ltd [2010] HCA 36; (2010) 242 CLR 254 Mabbett v Watson Wyatt Superannuation [2008] NSWSC 365; (2009) 15 ANZ Insurance Cases 90-138 Pacific Carriers Ltd v BNP Paribas [2004] HCA 35; (2004) 218 CLR 451 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd [2004] HCA 53; (2004) 219 CLR 165 Wilkie v Gordian Runoff Ltd [2005] HCA 17; 221 CLR 522 Category: Principal judgment Parties: 2013/00107706 MetLife Insurance Ltd (Applicant) FSS Trustee Corporation (First Respondent) Deborah Maund (Second Respondent)