Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nowicka v Superannuation Complaints Tribunal [2008] FCAFC 191
SUPERANNUATION – death of army officer – claim by spouse – date from which benefit is payable – delay – interest
Military Superannuation and Benefits Act 1991 (Cth) Military Superannuation and Benefits Rules, Rule 69 Superannuation (Resolution of Complaints) Act 1993 (Cth), s 41(3)(b)
Ansett Australia Ground Staff Superannuation Plan Pty Ltd v Ansett Australia Ltd (2002) 174 FLR 1 followed Anstis v Secretary, Department of Social Security (1999) 94 FCR 421 applied Collector of Customs v Gaylor Pty Ltd (1995) 35 NSWLR 649 considered Glass v Defence Force Retirement and Death Benefits Authority (1992) 38 FCR 534 applied Godwin v Repatriation Commission (2008) 166 FCR 471 cited HEST Australia Ltd v Sykley (2005) 147 FCR 248 followed Leonard Thomas Hinde [2007] NSWSC 640 applied Lesi v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 134 FCR 27 cited Military Superannuation and Benefits Board of Trustees No 1 v Batt (2005) 149 FCR 448 disapproved Nowicka v Superannuation Complaints Tribunal [2008] FCA 939 cited Secretary, Department of Health and Ageing v Marnotta Pty Ltd (2005) 88 ALD 720 considered Woozley v Woodall Smith [1950] 1 KB 325 cited ANETA NOWICKA v SUPERANNUATION COMPLAINTS TRIBUNAL, MARGARET MCDONALD AND MILITARY SUPERANNUATION AND BENEFITS BOARD OF TRUSTEES NO 1
VID 535 of 2008
MOORE, GILMOUR and flick JJ
19 DECEMBER 2008
SYDNEY (BY VIDEO LINK TO MELBOURNE) IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 535 of 2008
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA BETWEEN: ANETA NOWICKA
Appellant
AND: SUPERANNUATION COMPLAINTS TRIBUNAL
First Respondent
MARGARET MCDONALD
Second Respondent
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