Recent Cases

Hart v MetLife Insurance Limited [2023] NSWCA 230 (28 September 2023) (Meagher, Leeming and Mitchelmore JJA)


INSURANCE — Claims — Where insurer denied insured’s claim to total and permanent disablement benefit on basis that it was not “on risk” for injury or illness causing disablement — Where parties consented to determination of separate questions which could not decide that issue — Issue remitted to Equity Division for decision

CIVIL PROCEDURE — Separate determination of questions — Where primary judge dismissed whole of proceedings following answers to separate questions — Where separate questions asked whether there were breaches by insurer in denying and failing to reconsider insured’s claim — Whether separate questions capable of disposing of whole of proceedings — Whether parties’ agreement justified making an order under UCPR r 28.4 dismissing proceedings