Howitt-Steven v Unisuper Ltd [2002] FCAFC 272

FEDERAL COURT OF AUSTRALIA

Howitt-Steven v Unisuper Ltd [2002] FCAFC 272 SUPERANNUATION – appeal from decision of single judge dismissing appeal on questions of law from decision of Superannuation Complaints Tribunal – appellant sought to claim disablement benefits from his Superannuation Fund – claim made in 1997 for "severe depression and anxiety, insomnia" – claim refused by Trustee on the basis of an undisclosed medical condition – appellant had suffered an "adjustment disorder and secondary alcoholism" in 1994 which he had not disclosed at the time he joined the superannuation scheme – Tribunal, on a different ground, dismissed the complaint as appellant had not provided an "accurate statement" – amendments to the Superannuation Trust Deed in July 1997 – decision of Tribunal in October 1997 - whether amended Deed applied to appellant – construction of Deed – point not taken before primary judge APPEALS – role of appellate court – appeal from decision of a single judge on appeal from an administrative tribunal on questions of law – whether new points allowed to be taken on appeal – consideration of the role of the appellate court – whether exceptional circumstances

Superannuation (Resolution of Complaints) Act 1993 (Cth), ss 19, 46 Superannuation Industry (Supervision) Act 1993 (Cth), ss 100, 101 Insurance Contracts Act 1984 (Cth) Federal Court of Australia Act 1976 (Cth), ss 19, 22, 24, 27, 28 Federal Court Rules, O 13

National Mutual Life Association of Australia Ltd v Campbell (2000) 99 FCR 562, referred to Local Government Superannuation Board v Thorne [2002] FCA 848, considered Queensland v JL Holdings Pty Ltd (1997) 189 CLR 146, referred to Cubillo v Commonwealth [2001] FCA 1213 at [255], referred to CDJ v VAJ (No 1) (1998) 197 CLR 172, cited Allesch v Maunz (2000) 173 ALR 648, referred to White v Minister for Immigration and Multicultural Affairs (2000) 96 FCR 511, discussed Coulton v Halcombe (1986) 162 CLR 1, referred to Branir Pty Ltd v Owston Nominees (No. 2) Pty Ltd [2001] FCA 1833, considered Crampton v The Queen (2000) 176 ALR 369, considered Reischauer v Knoblanche (1987) 10 NSWLR 40, referred to Spunwill Pty Ltd v BAB Pty Ltd (1994) 36 NSWLR 290, referred to Hide & Skin Trading Pty Ltd v Oceanic Meat Traders Ltd (`1990) 20 NSWLR 310, referred to White Property Developments Ltd v Richmond Growth Pty Ltd & Ors [1998] FCA 26, referred to White Property Developments Ltd v Richmond Growth Pty Ltd & Ors [1998] FCA 1422, cited Fry v Commission for Superannuation (1984) 2 FCR 472, applied Liversidge v Anderson [1942] AC 206, referred to