Sharma v LGSS Pty Ltd [2018] FCA 16

Sharma v LGSS Pty Ltd [2018] FCA 16
Federal Court of Australia
Gleeson J
Insurance – superannuation – applicant appealed under s46 Superannuation (Resolution of Complaints) Act 1993 (Cth) against decisions of Superannuation Complaints Tribunal – Tribunal’s decisions had affirmed second respondent’s decisions to avoid applicant’s voluntary “Death and Total and Permanent Disability cover” (TPD) and “Salary Continuance Cover Long term (to age 65 benefit period)” (SC) and to cease salary continuance payments on basis of applicant’s ‘fraudulent misrepresentation and non-disclosure’ pursuant to s29(2) Insurance Contracts Act 1984 (Cth) (ICA) – Tribunal’s decisions had also affirmed first respondent’s decisions to affirm second respondent’s decisions – whether misconstruction of s21 ICA as imposing duty of disclosure on applicant as ‘third party beneficiary and life insured under the TPD policy or the SC policy’ – whether applicant owed duty of disclosure to insurer – held: first respondent was not entitled to refuse applicant’s claim on basis of s29(2) of the Act – Tribunal erred in concluding respondents’ decisions were fair and reasonable – appeal allowed.
Sharma