Eric Noel Tonkin & Ors v Western Mining Corporation Ltd & Anor

• 1. Insurance Law
  2. › Superannuation
  3. › Total and permanent disablement benefit
  4. › Eligibility determined by opinion of trustee after consideration of medical evidence
  5. › Whether trustee entitled to reject claim on basis of inadequate medical evidence
  6. › Onus on applicant to provide requisite medical evidence
• 1. Trusts
  2. › Superannuation trust fund
  3. › Trustee's duties and discretions
  4. › Duty to consider medical evidence for TPD benefit
  5. › Whether trustee obliged to consider evidence disclosed only through discovery
  6. › Whether trustee in breach of fiduciary duty by not considering post-rejection medical evidence absent request to do so
  7. › Grounds for challenging trustee's exercise of discretion
• 1. Trusts
  2. › Superannuation trust fund
  3. › Construction of trust deed
  4. › Definition of Total and Permanent Disablement
  5. › Whether deed definition wider than insurance policy definition
  6. › Whether failure under policy definition necessarily entails failure under deed definition
• 1. Appeal
  2. › Standard of appellate review
  3. › Findings of fact
  4. › Whether trial judge's finding that trustee entitled to reject claim was justified on the evidence

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