Panos v FSS Trustee Corporation [2015] NSWSC 1217

Supreme Court New South Wales

Medium Neutral Citation: Panos v FSS Trustee Corporation [2015] NSWSC 1217 Hearing dates: 9, 10 and 11 February 2015 Date of orders: 27 August 2015 Decision date: 27 August 2015 Jurisdiction: Equity Before: Robb J Decision: (1) The plaintiff's claim is dismissed.

(2) The parties are given leave to make submissions on all questions of costs, particularly as to the first defendant's costs, and the costs thrown away as a result of the vacation of the first hearing.

(3) Exhibits and documents produced on subpoena may be returned immediately in accordance with the rules. Catchwords: INSURANCE – accident and sickness insurance – superannuation trustee holding insurance policy covering total and permanent disablement of scheme members including the plaintiff – challenging decision of the insurer – whether plaintiff totally and permanently disabled within the meaning of the relevant superannuation trust deed and insurance policy – assessment of varied opinions in multiple expert medical reports as to significance of plaintiff's disabilities – Court finds that plaintiff overstated his disabilities – whether plaintiff likely to gain employment in roles the plaintiff is qualified in – Court finds that plaintiff is likely to be able to undertake various jobs reasonably within his original education, training and experience – plaintiff failed to establish his entitlement to TPD benefit – plaintiff's claim dismissed Legislation Cited: Evidence Act 1995 (NSW) Superannuation Industry (Supervision) Act 1993 (Cth) Superannuation (Resolution of Complaints) Act 1993 (Cth) Cases Cited: Allstate Life Insurance Co v ANZ Banking Group Ltd (No 5) (1996) 64 FCR 73 Beverley v Tyndall Life Insurance Co Ltd [1999] WASCA 198 Birdsall v Motor Trades Association of Australia Superannuation Fund Pty Limited [2015] NSWCA 104 Borg v Ramsay Health Care trading as North Shore Private Hospital Pty Ltd [2014] NSWSC 37 Chammas v Harwood Nominees Pty Ltd (1993) 7 ANZ Ins Cas 61–175 Hannover Life Re of Australasia Ltd v Dargan [2013] NSWCA 57; (2013) 83 NSWLR 246 Hannover Life Re of Australasia Ltd v Sayseng [2005] NSWCA 214; 13 ANZ Ins Cas 90-123 Hughes Aircraft Systems International v Airservices Australia (No 3) (1997) 80 FCR 276 Papamanos v Commonwealth Bank of Australia [2014] VSCA 167 Shuetrim v FSS Trustee Corporation [2015] NSWSC 464 Wyllie v National Mutual Life Association of Australasia (1997) 217 ALR 324 Category: Principal judgment Parties: Peter Panos (plaintiff) FSS Trustee Corporation (first defendant) Metlife Insurance (second defendant) Representation: Counsel: M J Bleasel (plaintiff) S J Walsh (second defendant)