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Folmer v VicSuper Pty Ltd & Anor [2018] NSWSC 1503
- Recent Decision
- 10 Oct 2018
In Folmer, the defendants refused to accept the opinion of the treating doctor over the last 10 years even though there was no medical opinion to the contrary. The Court determined that their refusal... 閲讀全部
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Never underestimate the true value of your claim
- Case Study
- 26 Sep 2018
This is a true story of a real case involving a young man from country New South Wales. The only details that I have changed are his name to protect his identity. Otherwise all the facts and circumsta... 閲讀全部
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Carroll v United Super Pty Ltd [2018] NSWSC 403. Slattery J. 4.4.18
- News
- 04 Apr 2018
In Carroll, the court determined (after a 9 day hearing) that both the insurer and trustee’s reliance on vocational and medical evidence to opine that the plaintiff could work in alternative employmen... 閲讀全部
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Triffitt v AustralianSuper [2007] NSWSC 1167
- Recent Decision
- 18 Nov 2017
The Court followed the reasoning of Nicholas J in Sayseng. Pursuant to s57 of the Insurance Contracts Act, when the Court held that it was unreasonable for the insurer to refuse to pay interest. 閲讀全部
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Diosdado Sayseng v Kellogg Superannuation Pty Ltd Anor [2007] NSWSC 583; [2007] NSWSC 857
- Article
- 08 Aug 2017
Confirmed the Plaintiff’s entitlement to total and permanent disablement. Court also determined that interest is payable, generally speaking, three months after lodgement of medical evidence because i... 閲讀全部
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Shuetrim v FSS Trustee Corporation [2015] NSWSC 464
- Recent Decision
- 24 Apr 2015
The court determined that the insurers breached its duties in declining the claim when the evidence was all in favour of the plaintiff. Further determined that ‘procedural fairness’ regarded the insur... 閲讀全部
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Weber v Tiss Pty Ltd & Ors [2005] NSWSC 67
- Case Study
- 18 Feb 2015
The Court determined that the insurer and trustees both breached their duties to act with utmost good faith when it originally declined the Plaintiff’s claim and upheld it on several occasions without... 閲讀全部
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Nile v Club Plus Superannuation Pty Ltd & Anor [2005] NSWSC 55 (Brownie, J)
- News
- 18 Dec 2014
The Court determined that the trustee and the insurer breached its duties of utmost good faith firstly when the trustee considered the Plaintiff’s claim together with 17 other matters within a period... 閲讀全部
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Nettleton v Rondeau
- Recent Decision
- 08 Jul 2014
The case was summed up by the judge as: “The plaintiff alleges that at approximately 1.30pm on 14 January 2012 he was riding a bicycle east in Lauderdale Avenue, Fairlight when a motor vehicle driven... 閲讀全部