Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Board of Trustees of the State Public Sector Superannuation Scheme v Edington [2011] FCAFC 8 Citation: Board of Trustees of the State Public Sector Superannuation Scheme v Edington [2011] FCAFC 8
Appeal from: Edington v Superannuation Complaints Tribunal [2010] FCA 504
Parties: BOARD OF TRUSTEES OF THE STATE PUBLIC SECTOR SUPERANNUATION SCHEME v JOSEPH DAVID EDINGTON and SUPERANNUATION COMPLAINTS TRIBUNAL
File number: QUD 219 of 2010
Judges: KENNY, LANDER & LOGAN JJ
Date of judgment: 1 February 2011
Corrigendum: 10 February 2011
Catchwords: SUPERANNUATION – statutory appeal from the Superannuation Complaints Tribunal - Tribunal affirmed the decision of the Trustees of the Superannuation Fund not to pay any insurance benefit to the applicant who had been assessed as totally and permanently disabled after a workplace incident because the disablement related to a pre-existing undisclosed medical condition SUPERANNUATION COMPLAINTS TRIBUNAL - consideration of the role of the Tribunal - Tribunal must affirm a decision of a Trustee if it is satisfied that the decision was fair and reasonable in relation to the complainant in the circumstances - hearing of Tribunal is a hearing de novo - Tribunal able to make its own findings of fact for the purpose of determining if it was so satisfied - Tribunal not restricted to the evidence and material before the Trustees - Tribunal not required to determine whether the reasoning of the Trustees was fair and reasonable - Tribunal's inquiry is directed to answering question of whether the decision of the Trustees was fair and reasonable - Tribunal conducted its review in accordance with the Act QUESTION OF LAW - whether notice of appeal defective - appeal under s 46(1) of the Superannuation (Resolution of Complaints) Act 1993 (Cth) limited to question of law - whether notice of appeal contained a question of law - mixed question of fact and law is not a question of law
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