Maund v FSS Trustee Corporation (No 2) [2013] NSWSC 233

Maund v FSS Trustee Corporation (No 2) [2013] NSWSC 233

MetLife should have paid FSS the full insurance entitlement of $643,064 for Ms Maund's benefit on 29 July 2010, but paid only $613,887, leaving $29,177 unpaid. It was unreasonable for MetLife not to pay the unpaid balance from that date, so interest of $5,604.03 was payable on the unpaid balance, but no interest was allowed before 29 July 2010. FSS, as trustee, was required to recover and pay the resulting sum to Ms Maund, and Ms Maund was entitled to assessed out-of-pocket costs.

Jurisdiction
Australia
Judgment Date
21 March 2013
Procedural Posture
Equity Division Proceedings Concerning Insurance Money and Costs / Final Orders to Give Effect to Judgment at [2013] NSWSC 183
Outcome
Final orders made requiring MetLife to pay FSS $34,781.03 as trustee for Ms Maund, requiring FSS to perform its obligation to recover and pay that amount to Ms Maund, awarding Ms Maund costs of $3,270.78 against FSS, and making no costs order between FSS and MetLife.
Legal Topics
['interest on Insurance Money' 'costs Where Self Represented Litigant Succeeded' 'construction of Insurance Policy Entitlement' 'trustee Obligation to Recover and Pay Insurance Benefit']
['insurance' 'civil Procedure' 'costs' 'trusts and Superannuation'] ['interest on Insurance Money' 'costs Where Self Represented Litigant Succeeded' 'construction of Insurance Policy Entitlement' 'trustee Obligation to Recover and Pay Insurance Benefit']

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Procedural Posture

Equity Division Proceedings Concerning Insurance Money and Costs / Final Orders to Give Effect to Judgment at [2013] NSWSC 183

Legal Issues

  1. 1 ["Whether orders should embody specific answers to questions stated for decision or simply give effect to the Court's determination." 'Whether interest should be awarded under section 57 of the Insurance Contracts Act 1984 (Cth) and regulation 32 of the Insurance Contracts Regulation 1985 (Cth), and from what date.' 'Whether Ms Maund should recover her out-of-pocket costs as a successful self-represented litigant.']

Ratio Decidendi

MetLife should have paid FSS the full insurance entitlement of $643,064 for Ms Maund's benefit on 29 July 2010, but paid only $613,887, leaving $29,177 unpaid. It was unreasonable for MetLife not to pay the unpaid balance from that date, so interest of $5,604.03 was payable on the unpaid balance, but no interest was allowed before 29 July 2010. FSS, as trustee, was required to recover and pay the resulting sum to Ms Maund, and Ms Maund was entitled to assessed out-of-pocket costs.

Court Disposition

Final orders made requiring MetLife to pay FSS $34,781.03 as trustee for Ms Maund, requiring FSS to perform its obligation to recover and pay that amount to Ms Maund, awarding Ms Maund costs of $3,270.78 against FSS, and making no costs order between FSS and MetLife.

Orders

  • ['Declare that the amount of the benefit payable in respect of Ms Maund under the policy of insurance between FSS and MetLife giving effect to the First State Superannuation Scheme is $643,064, of which $613,887 was paid to Ms Maund on 29 July 2010, leaving a balance of $29,177 unpaid.' 'Declare that the unpaid...