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Quach v MLC Limited (No 6) [2021] FCA 271

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INSURANCE - life insurance - claim under policy for total and permanent disability caused by injury or sickness because applicant unable to practise profession- where applicant had been deregistered as medical practitioner by Civil and Administrative Tribunal of New South Wales (NCAT) - where NCAT found that applicant suffered from narcissistic personality disorder - where applicant claimed under insurance policy to be totally or partially disabled- where applicant had not provided insurer with any medical evidence supporting claim and had not complied with policy terms - where applicant did not lead any medical evidence that inability to practice caused by any illness or sickness - where applicant claimed NCAT finding binding on insurer and Court - where s 91 of the Evidence Act 1995 (Cth) precluded finding of fact in decision of Australian Court including NCAT being admissible to prove fact so found - applicant otherwise unable to substantiate claim for indemnity under insurance policy- claim that insurer breached s 13 of the Insurance Contracts Act 1984 (Cth) by failing to pay claim - held proceeding dismissed

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