Diosdado Sayseng v Kellogg Superannuation Pty Ltd & Anor [2007] NSWSC 583

Diosdado Sayseng v Kellogg Superannuation Pty Ltd & Anor [2007] NSWSC 583

The plaintiff was at all times relevant to his claim against the fund in the condition of total and permanent disablement within the meaning of the policy. The insurer is liable to pay the trustee agreed benefits in the amount of $147,055.00, but not the Automatic Acceptance Level amount claimed directly by the plaintiff.

Jurisdiction
Australia
Judgment Date
08 June 2007
Procedural Posture
Equity / Judgment Following Trial on Separate Question
Outcome
Plaintiff entitled to declaration of total and permanent disablement; insurer ordered to pay trustee agreed benefit.
Legal Topics
['total and Permanent Disablement' 'payment of Benefit' 'policy Interpretation']
['insurance' 'superannuation'] ['total and Permanent Disablement' 'payment of Benefit' 'policy Interpretation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Equity / Judgment Following Trial on Separate Question

Legal Issues

  1. 1 ['Whether the plaintiff was in the condition of total and permanent disablement within the meaning of the policy' 'Whether the plaintiff is entitled to payment of benefits under the policy' 'Whether the insurer is obliged to pay the trustee the agreed benefits under the policy' 'Whether the plaintiff is entitled to payment of the Automatic Acceptance Level directly']

Ratio Decidendi

The plaintiff was at all times relevant to his claim against the fund in the condition of total and permanent disablement within the meaning of the policy. The insurer is liable to pay the trustee agreed benefits in the amount of $147,055.00, but not the Automatic Acceptance Level amount claimed directly by the plaintiff.

Court Disposition

Plaintiff entitled to declaration of total and permanent disablement; insurer ordered to pay trustee agreed benefit.

Orders

  • ['Declaration that plaintiff was continuously since 11 December 1997 in a condition of total and permanent disablement within the meaning of the policy.' 'Insurer liable to pay trustee agreed benefits in the amount of $147,055.00, together with interest.']