Carolyn Philips (nee Durrand) v Tower Australia Ltd [2008] NSWSC 1047

Carolyn Philips (nee Durrand) v Tower Australia Ltd [2008] NSWSC 1047

Social Security Benefits received under the Social Security Act 1991 (Cth), specifically disability support pension, are not 'Other Disability Income' or sufficiently 'similar State or Federal legislation' to Workers Compensation or Accident Compensation within the meaning of clause D19.0 of the policy; therefore,...

Source-derived case information.

Parties
Plaintiff: Carolyn Philips (nee Durrand); Defendant: Tower Australia Ltd
Jurisdiction
Australia
Judgment Date
08 October 2008
Procedural Posture
Contract Insurance / Post Judgment (final Orders Pending; Issues of Offsets, Interest and Costs Determined)
Outcome
Orders pending; Plaintiff's claim for offset rejected, Plaintiff entitled to interest on benefits from 3 December 1999, fair amount of interest awarded ($106,231.56), costs addressed per earlier orders and subject to submissions.
Legal Topics
Disability Income, Workers Compensation, Accident Compensation, Disability Support Pension, Estoppel, Interest Calculation, Costs
Insurance Law Contract Law Equity Disability Income Workers Compensation Accident Compensation Disability Support Pension Estoppel +2 more

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Parties

Carolyn Philips (nee Durrand)

Plaintiff

Tower Australia Ltd

Defendant

Procedural Posture

Contract Insurance / Post Judgment (final Orders Pending; Issues of Offsets, Interest and Costs Determined)

Legal Issues

  1. 1 Whether social security benefits received by the plaintiff qualify as 'Other Disability Income' under clause D19.0 of the policy
  2. 2 Calculation of the period from which interest is payable under Insurance Contracts Act 1984 (Cth) s57
  3. 3 Entitlement and calculation of costs

Ratio Decidendi

Social Security Benefits received under the Social Security Act 1991 (Cth), specifically disability support pension, are not 'Other Disability Income' or sufficiently 'similar State or Federal legislation' to Workers Compensation or Accident Compensation within the meaning of clause D19.0 of the policy; therefore, the defendant is not entitled to offset such payments. Interest on benefits is payable from 3 December 1999, applying a rate agreed at 8.5%, and the fair amount of interest is set as the average between both parties' approaches ($106,231.56). Costs from earlier proceedings, as previously ordered, are not revisited; orders remain pending agreement or submissions.

Court Disposition

Orders pending; Plaintiff's claim for offset rejected, Plaintiff entitled to interest on benefits from 3 December 1999, fair amount of interest awarded ($106,231.56), costs addressed per earlier orders and subject to submissions.

Orders

  • The parties are to bring in short minutes of order.
  • Plaintiff entitled to interest from 3 December 1999 on insurance benefits at a rate of 8.5%.