In May 2009, Mr Birdsall suffered an injury to his right wrist
and shoulder while lifting a heavy box at work. He was a member of
the Motor Trades Association of Australia Superannuation Fund (the
Fund) and made a claim for a benefit available under a group life
insurance policy issued by Metlife Insurance Limited in favour of
the Fund. Both Metlife and the trustee rejected his claim. He then
commenced proceedings in the Equity Division of the Supreme Court
seeking declarations that he was, and had been since October 2010,
totally and permanently disabled within the meaning of the policy
issued by Metlife.
He alleged that both the trustee and Metlife owed him a
"duty of good faith and fair dealing". He alleged that
the trustee had breached this duty as it had "delegated"
to Metlife the authority to exclusively determine whether he
suffered from a relevant incapacity. As against Metlife, he alleged
that there had been a failure to consider the evidence from
