Federal Court of Australia
wo IIo 7 ee
CATCHWORDS
ADMINISTRATIVE LAW - Administrative Appeals Tribunal - Appeal - Superannuation - Retirement on ground of invalidity before maximum retirement age - Pre-existing physical condition specified in benefit classification certificate - Subsequent physical condition causing, or substantially
contributing to, incapacity resulting in early retirement - Whether "connected with" pre-existing condition.
Administrative Appeals Tribunal Act 1975 (Cth), s.44 Superannuation Act 1976 (Cth), s.66
THE COMMISSIONER FOR SUPERANNUATION v. CHERYL MAY BFNHAM
ACT G 68 of 1986
Neaves d.
14 April 1988
Canberra
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
No. ACT G 6B of 1986 DISTRICT REGISTRY
GENERAL DIVISION
ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: THE COMMISSIONER FOR SUPERANNUATION
Applicant AND: CHERYL MAY BENHAM Respondent MINUTE OF ORDER
JUDGE MAKING ORDER : Neaves J. DATE OF ORDER : 14 April 1988 WHERE MADE : Canberra THE COURT ORDERS THAT:
l. The appeal be dismissed.
2. The applicant pay the respondent's costs of the
appeal.
Note: Settlement and entry of orders 1s dealt with in Order 36 of the Federal Court Rules.
uA
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY
No. ACT G 68 of 1986
GENERAL DIVISION
ON_APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: THE COMMISSIONER FOR SUPERANNUATION
Applicant AND: CHERYL MAY BENHAM
Respondent
CORAM: Neaves J.
DATE: 14 April 1988
REASONS FOR JUDGMENT
This appeal, which is brought by the Commissioner for
Superannuation ("the Commissioner") pursuant to s.44 of the Administrative Appeals Tribunal Act 1975 (Cth), seeks an order setting aside a decision of the Administrative Appeals Tribunal ("the Tribunal") given on 17 September 1986. The issue before the Tribunal concerned the level of benefits to which the respondent, Cheryl May Benham, 1s entitled under the Superannuation Act 1976 (Cth) ("the Superannuation Act"). The respondent claims she is entitled to invalidity benefits in accordance with sub-s.66(1) of the Superannuation Act. The Commissioner asserts that her entitlement 15 to the reduced
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