Tuftevski v Total Risk Management Pty Ltd [2009] NSWSC 315; (No 2) [2009] NSWSC 1021
- Article
- 30 Sep 2009
Plaintiff entitled to Disablement benefit under the Fund Rules from about 15 November 1999, being first decision refusing plaintiff such benefit - this and subsequent decisions of March 2000 and February 2001 set aside due to lack of genuine decision making and declared void and of no effect - refusal of Fund's Trustee to further consider plaintiff's claim for disablement benefit on 24 February 2006 was void and of no effect - Court executes Trust - Trustee subsequently accepting plaintiff's claim to disablement benefit upon receipt of further medical reports - refusal of compound interest as serious misconduct on part of Trustee not established - commercial rates of interest not granted - Plaintiff held entitled to interest at Trustee rate of interest of 8% per annum - Calderbank offer - conduct of defendant not unreasonable - costs awarded on an ordinary basis.
Decision:
Order that the defendant pay the plaintiff out of the BHP Billiton Superannuation Fund $465,420.00 (being principal of $260,049.00 and interest of $205,371.00) and the plaintiff's costs on an ordinary basis.