Ziogos v FSS Trustee Corporation as Trustee of the First State Superannuation Scheme [2015] NSWSC 1385

Supreme Court New South Wales

Medium Neutral Citation: Ziogos v FSS Trustee Corporation as Trustee of the First State Superannuation Scheme [2015] NSWSC 1385 Hearing dates: 3 to 5 and 7 August 2015 Decision date: 23 September 2015 Jurisdiction: Equity Before: Ball J Decision: See paragraphs 125 to 126 of this judgment Catchwords: INSURANCE – general – total and permanent disablement – psychiatric impairment – requirements of the duty of "utmost good faith" within the facts of the case – whether insurer acted with the utmost good faith in determining whether the insured had provided proof to its satisfaction that a particular state of affairs existed – whether insurer could reasonably have reached the conclusions it did on the evidence available to it – whether insured "unlikely to ever engage in any gainful profession for which she is suited by education, training or experience" Legislation Cited: First State Superannuation Act 1992 (NSW) Insurance Contracts Act 1984 (Cth) Superannuation (State Public Sector) Act 1990 (Qld) Cases Cited: AMP Financial Planning Pty Ltd v CGU Insurance Ltd [2005] FCAFC 185; (2005) 146 FCR 447 Banovic v United Super Pty Ltd [2014] NSWSC 1470 Beverley v Tyndall Life Insurance Co Ltd [1999] WASCA 198; (1999) 21 WAR 327 Birdsall v Motor Trades Association of Australia Superannuation Fund Pty Ltd [2015] NSWCA 104 CGU Insurance Ltd v AMP Financial Planning Pty Ltd [2007] HCA 36; (2007) 235 CLR 1 Edwards v The Hunter Valley Co-op Dairy Co Ltd (1992) 7 ANZ Ins Cas 61-113 Erzurumlu v Kellogg Superannuation Pty Ltd [2013] NSWSC 1115 Giles v National Mutual Life Association of Australasia Ltd (1986) 4 ANZ Ins Cas 60-751 Hannover Life Re of Australasia Limited v Sayseng [2005] NSWCA 214; (2005) 13 ANZ Ins Cas 90-123 Halloran v Harwood Nominees Pty Ltd [2007] NSWSC 913 Lazarevic v United Super Pty Ltd [2014] NSWSC 96 Shuetrim v FSS Trustee Corporation [2015] NSWSC 464 Sayseng v Kellogg Superannuation Pty Ltd [2003] NSWSC 945 White v Board of Trustees [1997] 2 QdR 659 Category: Principal judgment Parties: Anastasia Ziogos (Plaintiff) FSS Trustee Corporation as Trustee of the First State Superannuation Scheme (ABN 11 118 202 672) (First Defendant) MetLife Insurance Limited (Second Defendant) Representation: Counsel: BW Rayment SC with D O'Dowd (Plaintiff) M Gollan (First Defendant) MA Jones SC with SJ Walsh (Second Defendant)