Chapman v United Super Pty Ltd [2013] NSWSC 592
The plaintiff failed to prove that, as at the date of disablement, he was unlikely ever again to be able to engage in any regular remunerative work for which he was reasonably suited by education, training, or experience; accordingly, the trustee’s and insurer’s decisions were not unreasonable or in breach of duty such as to justify judicial intervention.
- Jurisdiction
- Australia
- Judgment Date
- 22 May 2013
- Procedural Posture
- Principal Judgment / Final Judgment at First Instance
- Outcome
- Plaintiff's claim dismissed with costs.
- Legal Topics
- ['contract Interpretation' 'total and Permanent Disablement' 'duties of Trustees' 'discretionary Trusts']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Principal Judgment / Final Judgment at First Instance
Legal Issues
- 1 ['Whether the plaintiff was totally and permanently disabled as defined in the trust deed and insurance policy' "Whether the trustee and insurer properly discharged their duties in considering the plaintiff's claim" "Whether the trustee's decision was unreasonable or in breach of duty such as to justify court intervention"]
Ratio Decidendi
The plaintiff failed to prove that, as at the date of disablement, he was unlikely ever again to be able to engage in any regular remunerative work for which he was reasonably suited by education, training, or experience; accordingly, the trustee’s and insurer’s decisions were not unreasonable or in breach of duty such as to justify judicial intervention.
Court Disposition
Plaintiff's claim dismissed with costs.
Orders
- ["Plaintiff's claim dismissed." "Plaintiff to pay the defendants' costs."]
Full Case Text
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