Kristoffersen v Superannuation Complaints Tribunal [2014] FCAFC 63

FEDERAL COURT OF AUSTRALIA

Kristoffersen v Superannuation Complaints Tribunal [2014] FCAFC 63 Citation: Kristoffersen v Superannuation Complaints Tribunal [2014] FCAFC 63

Appeal from: Kristoffersen v Superannuation Complaints Tribunal [2013] FCA 951

Parties: KURT KRISTOFFERSEN v SUPERANNUATION COMPLAINTS TRIBUNAL, COLONIAL MUTUAL SUPERANNUATION PTY LTD and COLONIAL MUTUAL LIFE ASSURANCE SOCIETY PTY LTD

File number: QUD 673 of 2013

Judges: DOWSETT, COLLIER AND RANGIAH JJ

Date of judgment: 28 May 2014

Catchwords: SUPERANNUATION – appellant became member of superannuation fund – decisions of trustees of superannuation fund and insurer refusing claim for benefits – Superannuation Complaints Tribunal affirmed decisions of trustee and insurer – appeal against decision of the Tribunal dismissed by primary judge – appellant's grounds of appeal against primary judge's decision raise questions of fact, points which were not argued below, and do not otherwise demonstrate appealable error – appeal dismissed

Legislation: Superannuation (Resolution of Complaints) Act 1993 (Cth) ss 14, 14(2), 16, 25, 25(1), 36, 37, 37(3), 46(1)

Cases cited: Board of Trustees of the State Superannuation Scheme v Edington (2011) 119 ALD 472 Canute v Comcare (2006) 226 CLR 535 Fellowes v Military Rehabilitation and Compensation Commission (2009) 240 CLR 28 Minister for Immigration and Citizenship v SZIAI (2009) 83 ALJR 1123 Park v Brothers (2005) 80 ALJR 317 SZFDE v Minister for Immigration and Citizenship (2007) 232 CLR 189 Water Board v Moustakas (1988) 180 CLR 491