Cameron v Board of Trustees of the State Public Sector Superannuation Scheme [2003] FCAFC 214

FEDERAL COURT OF AUSTRALIA

Cameron v Board of Trustees of the State Public Sector Superannuation Scheme [2003] FCAFC 214

SUPERANNUATION – Complaints Tribunal – complaint about trustee's decision rejecting claim for total and permanent disability benefit – Tribunal's review function – Tribunal may be satisfied that trustee's decision was fair and reasonable in the circumstances without reaching its own preliminary view on the material before it that the complainant was totally and permanently disabled. Superannuation (Resolution of Complaints) Act 1993 (Cth) s 37 Hornsby v Military Superannuation & Benefits Board of Trustees No 1 [2003] FCA 54 referred to Lykogiannis v Retail Employees Superannuation Pty Ltd (2000) 97 FCR 361 considered Military Superannuation and Benefits Board No 1 v Stanger (2002) 68 ALD 12 distinguished National Mutual Life Association of Australia Ltd v Jevtovic (unreported, Sundberg J, 8 May 1997) referred to Retail Employees Superannuation Pty Ltd v Crocker (2001) 48 ATR 359 referred to

ANDREW PATRICK CAMERON v BOARD OF TRUSTEES OF THE STATE PUBLIC SECTOR SUPERANNUATION SCHEME

Q 22 of 2003

WHITLAM, KIEFEL and DOWSETT JJ

5 SEPTEMBER 2003

BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 22 OF 2003

On appeal from a single judge of the federal court of australia

BETWEEN: ANDREW PATRICK CAMERON

APPELLANT

AND: BOARD OF TRUSTEES OF THE STATE PUBLIC

SECTOR SUPERANNUATION SCHEME

RESPONDENT

JUDGES: WHITLAM, KIEFEL and DOWSETT JJ

DATE OF ORDER: 5 SEPTEMBER 2003

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The appeal is dismissed. 2. The appellant is to pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.