Michael May appeared for the applicant, instructed by McInnes Wilson.
The applicant sought relief in respect of an insurance policy, which included provisions for total and permanent disability (“TPD”) benefits. The respondents (the insurer and trustee of the superannuation plan through which the insurance policy was provided) sought summary judgment dismissing the claim. The Court considered the nature of its power to grant summary judgment under s 31A(2) of the Federal Court of Australia Act 1976 (Cth), and the principles set out in Spencer v Commonwealth (2010) 241 CLR 118 and ThoughtWare Australia Pty Limited v IonMy Pty Ltd [2023] FCA 906. It was held that the claim be summarily dismissed, with the applicant ordered to pay the respondents’ costs of the proceeding.
The judgment can be read by clicking here
