Fry, Ian James v Commissioner for Superannuation [1984] FCA 220

CATCHWORDS

Superannuation - Determination of retirement benefits - Medical examination - Whether failure to furnish information required to be furnished - Whether false information furnished - Issue of benefit classification certificate - Nature and

extent of information required to be furnished.

Superannuation Act 1976, ss. 16, 66

Re Watts and Commissioner for Superannuation (1981) 3 A.L.D. Re Hare and Commissioner for Superannuation (1981) 3 A.L.N. No. 48

No. ACT G86 of 1983 TAN JAMES FRY v. COMMISSIONER FOR SUPERANNUATION

Coram: Blackburn, Sweeney and Neaves JJ. 31 July 1984

Canberra

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY No. ACT G86 of 1983 DISTRICT REGISTRY

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GENERAL DIVISION

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: IAN JAMES FRY Applicant AND: COMMISSTONER FOR SUPERANNUATION Respondent ORDER JUDGES MAKING ORDER: Blackburn, Sweeney and Neaves JJ. DATE OF ORDER: 31 July 1984 WHERE MADE: Canberra THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The decision of the General Administrative

Division of the Administrative Appeals Tribunal given on 16 September 1983 be set aside. 3. The decision of the respondent dated 1 October

1982 confirming a decision dated 15 February 1982

to issue, pursuant to sub-section 16(11) of

the Superannuation Act 1976, a benefit classification certificate in respect of the applicant be set aside.

The benefit classification certificate issued

in respect of the applicant on 15 February 1982 be set aside.

It be declared that the applicant is entitled to a superannuation pension pursuant to sub-section

66(1) of the Superannuation Act 1976.

The respondent pay the applicant's costs of and

incidental to the appeal.

IN THE FEDERAL COURT OF AUSTRALIA)

AUSTRALIAN CAPITAL TERRITORY

No. ACT G86 of 1983 DISTRICT REGISTRY

wwe we SS

GENERAL DIVISION