Mann v United Super Pty Ltd & Anor [2004] NSWSC 1093

Mann v United Super Pty Ltd & Anor [2004] NSWSC 1093

Although a claim for interest alone was open in equity as a claim for equitable compensation for alleged breach of trust, the alleged breach occurred on 1 May 1996 when the trustee rejected Mr Mann's claim, and the proceedings commenced on 2 June 2004 were outside the applicable six-year limitation period. The claim against the trustee was therefore statute-barred, and the claim against the insurer was dismissed because Mr Mann conceded he had no cause of action against it.

Jurisdiction
Australia
Judgment Date
18 November 2004
Procedural Posture
Equity Division Summons Seeking Declarations for Interest on a Superannuation Total and Permanent Disablement Benefit / Judgment on Summons
Outcome
Summons dismissed; parties to be heard on costs.
Legal Topics
['claim for Interest Alone' 'equitable Compensation for Breach of Trust' 'fiduciary or Equitable Obligations' 'total and Permanent Disablement Benefit' 'statutory Limitation Period']
['equity' 'trusts and Superannuation' 'limitation of Actions' 'insurance'] ['claim for Interest Alone' 'equitable Compensation for Breach of Trust' 'fiduciary or Equitable Obligations' 'total and Permanent Disablement Benefit' 'statutory Limitation Period']

Case Brief

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Procedural Posture

Equity Division Summons Seeking Declarations for Interest on a Superannuation Total and Permanent Disablement Benefit / Judgment on Summons

Legal Issues

  1. 1 ['Whether a claim for interest alone could be sustained as equitable compensation for alleged breach of trust after payment of the superannuation benefit' 'Whether the claim for interest was statute-barred under the Limitation Act 1969' 'Whether the plaintiff had any cause of action against the insurer']

Ratio Decidendi

Although a claim for interest alone was open in equity as a claim for equitable compensation for alleged breach of trust, the alleged breach occurred on 1 May 1996 when the trustee rejected Mr Mann's claim, and the proceedings commenced on 2 June 2004 were outside the applicable six-year limitation period. The claim against the trustee was therefore statute-barred, and the claim against the insurer was dismissed because Mr Mann conceded he had no cause of action against it.

Court Disposition

Summons dismissed; parties to be heard on costs.

Orders

  • ['The claim in the summons to a declaration that Mr Mann is entitled to interest from the trustee is dismissed.' 'The claim in the summons to a declaration that Mr Mann is entitled to interest from the insurer is dismissed.' 'The summons is dismissed.' 'The parties are to be heard on costs.' 'The parties are...