Resolution Life Australasia Limited v AMP Limited; Munich Reinsurance Company of Australasia Limited v AMP Limited [2025] NSWCA 21

Resolution Life Australasia Limited v AMP Limited; Munich Reinsurance Company of Australasia Limited v AMP Limited [2025] NSWCA 21

The pleadings of RLA and Munich alleging loss resulting from NM Superannuation Pty Ltd's conduct in breaching statutory and contractual covenants as trustee of a superannuation fund contain sufficient material facts to arguably establish the necessary causal connection under s 55(3) of the SIS Act. The pleadings are not so deficient or embarrassing as to warrant summary strike out or refusal of amendment at the interlocutory stage, and the issue of causation and standing is at least debatable and should be tested at trial rather than summarily disposed of. The orders striking out and refusing amendments should be set aside and leave to appeal granted.

Parties
Appellant: Resolution Life Australasia Limited; First Respondent: AMP Limited; Second Respondent: AMP Services Limited; Third Respondent: AWM Services Pty Ltd; Fourth Respondent: AMP Superannuation Pty Limited; Fifth Respondent: N M Superannuation Pty Ltd; Sixth Respondent (2024/318377), Appellant (2024/322184): Munich Reinsurance Company of Australasia Limited; Second Respondent (2024/322184): Resolution Life Australasia Limited; Solicitor (first, Second, Third, Fourth, Fifth, [and Sixth] Respondents): King & Wood Mallesons; Solicitor (appellant / Second Respondent): Allens; Solicitor (sixth Respondent / Appellant): Sparke Helmore Lawyers
Jurisdiction
Australia
Judgment Date
27 February 2025
Procedural Posture
Appeal / Interlocutory Appeal – Pleading Dispute – Application for Leave to Appeal, Strike Out, Amendment
Outcome
Appeal allowed; leave to appeal granted; strike out and amendment orders set aside; amendments and continued pleading of s 55(3) claims permitted; costs to appellants.
Legal Topics
Pleadings, Strike Out Application, Amendment of Pleadings, Trustee Duties, Statutory Relief Under SIS Act S 55(3), Causation of Loss, Standing Under SIS Act
Civil Procedure Superannuation Law Pleadings Strike Out Application Amendment of Pleadings Trustee Duties Statutory Relief Under SIS Act S 55(3) Causation of Loss +1 more

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Parties

Resolution Life Australasia Limited

Appellant

AMP Limited

First Respondent

AMP Services Limited

Second Respondent

AWM Services Pty Ltd

Third Respondent

AMP Superannuation Pty Limited

Fourth Respondent

N M Superannuation Pty Ltd

Fifth Respondent

Munich Reinsurance Company of Australasia Limited

Sixth Respondent (2024/318377), Appellant (2024/322184)

Resolution Life Australasia Limited

Second Respondent (2024/322184)

King & Wood Mallesons

Solicitor (first, Second, Third, Fourth, Fifth, [and Sixth] Respondents)

Allens

Solicitor (appellant / Second Respondent)

Sparke Helmore Lawyers

Solicitor (sixth Respondent / Appellant)

Procedural Posture

Appeal / Interlocutory Appeal – Pleading Dispute – Application for Leave to Appeal, Strike Out, Amendment

Legal Issues

  1. 1 Whether the pleadings for statutory relief under s 55(3) Superannuation Industry (Supervision) Act 1993 (Cth) by insurers/reinsurers disclose an arguable causal connection between contravening conduct and loss; whether strike out or refusal to amend was appropriate; scope of causal requirement for s 55(3) claims; appropriate appellate review standard for such orders in interlocutory/procedural disputes

Ratio Decidendi

The pleadings of RLA and Munich alleging loss resulting from NM Superannuation Pty Ltd's conduct in breaching statutory and contractual covenants as trustee of a superannuation fund contain sufficient material facts to arguably establish the necessary causal connection under s 55(3) of the SIS Act. The pleadings are not so deficient or embarrassing as to warrant summary strike out or refusal of amendment at the interlocutory stage, and the issue of causation and standing is at least debatable and should be tested at trial rather than summarily disposed of. The orders striking out and refusing amendments should be set aside and leave to appeal granted.

Court Disposition

Appeal allowed; leave to appeal granted; strike out and amendment orders set aside; amendments and continued pleading of s 55(3) claims permitted; costs to appellants.

Orders

  • Grant leave to appeal.
  • Direct the appellant to file a notice of appeal within seven days in the form of the draft notice of appeal in the White Book and dispense with service.