FSS Trustee Corporation as Trustee of the First State Superannuation Scheme ABN 53 226 460 365 v Metlife Insurance Limited [2014] NSWSC 369

FSS Trustee Corporation as Trustee of the First State Superannuation Scheme ABN 53 226 460 365 v Metlife Insurance Limited [2014] NSWSC 369

The Notice to Admit Facts was set aside because, viewed as a whole, it was extraordinarily prolix, conflated facts with conclusions, submissions and purported medical opinion, and contained functional ambiguities and uncertainties. Requiring Metlife to answer it would be oppressive and contrary to the just, quick and cheap conduct of the proceedings, and the Notice could not properly remain on the record merely to be reserved for a possible costs argument.

Jurisdiction
Australia
Judgment Date
28 March 2014
Procedural Posture
Civil Proceedings Concerning an Insurance Claim for a Total and Permanent Disability Benefit / Notice of Motion by the Defendant to Set Aside the Plaintiff's Notice to Admit Facts
Outcome
Notice to Admit Facts set aside; plaintiff to pay defendant's costs of the motion.
Legal Topics
['notice to Admit Facts' 'setting Aside Notice to Admit Facts' 'prolix and Oppressive Process' 'overriding Purpose' 'costs']
['evidence' 'civil Procedure' 'insurance' 'superannuation'] ['notice to Admit Facts' 'setting Aside Notice to Admit Facts' 'prolix and Oppressive Process' 'overriding Purpose' 'costs']

Case Brief

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Procedural Posture

Civil Proceedings Concerning an Insurance Claim for a Total and Permanent Disability Benefit / Notice of Motion by the Defendant to Set Aside the Plaintiff's Notice to Admit Facts

Legal Issues

  1. 1 ['Whether the Notice to Admit Facts filed 24 January 2014 should be set aside.' 'Whether the Notice was prolix, conflated fact, conclusions, submissions and medical opinion, and was affected by ambiguity and uncertainty.' 'Whether the Notice should remain on the record subject to the plaintiff not relying on deemed admissions, or should be set aside.' "Whether a direction should be made requiring Metlife to identify any real dispute as to Mr Speed's reported history."]

Ratio Decidendi

The Notice to Admit Facts was set aside because, viewed as a whole, it was extraordinarily prolix, conflated facts with conclusions, submissions and purported medical opinion, and contained functional ambiguities and uncertainties. Requiring Metlife to answer it would be oppressive and contrary to the just, quick and cheap conduct of the proceedings, and the Notice could not properly remain on the record merely to be reserved for a possible costs argument.

Court Disposition

Notice to Admit Facts set aside; plaintiff to pay defendant's costs of the motion.

Orders

  • ['The Notice to Admit Facts filed 24 January 2014 is set aside.' "The plaintiff is to pay the defendant's costs of the defendant's motion filed 28 February 2014."]