Federal Court of Australia
CATCHWORDS SUPERANNUATION - Complaints Tribunal - Functions - Trustee decides that member not totally and permanently disabled - Complaint to Tribunal - Tribunal required to affirm trustee's decision if satisfied decision fair and reasonable in circumstances - Meaning of "fair and reasonable" - Tribunal determines whether in its opinion member totally and permanently disabled - Receives fresh evidence - Appeal to Federal Court on question of law. Superannuation (Resolution of Complaints) Act 1993 ss36, 37 Pope v Lawler (unreported, 7 May 1996) Minister for Immigration and Ethnic Affairs v Wu (1996) 185 CLR 259 Re Brindle; Ex parte F B & F A McMahon Pty Ltd (1992) 108 ALR 470 NATIONAL MUTUAL LIFE ASSOCIATION OF AUSTRALIA LTD v PETER JEVTOVIC VG 656 of 1996 COURT: Sundberg J PLACE: Melbourne DATE: 8 May 1997
IN THE FEDERAL COURT OF AUSTRALIA ) VICTORIA DISTRICT REGISTRY ) No VG 656 of 1996 GENERAL DIVISION ) BETWEEN: NATIONAL MUTUAL LIFE ASSOCIATION OF AUSTRALIA LTD Applicant AND: PETER JEVTOVIC Respondent COURT: Sundberg J DATE: 8 May 1997 PLACE: Melbourne MINUTES OF ORDER The Court orders that: 1. The appeal be allowed. 2. The matter be remitted to the Superannuation Complaints Tribunal to be determined again in accordance with these reasons. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA ) VICTORIA DISTRICT REGISTRY ) No VG 656 of 1996 GENERAL DIVISION ) BETWEEN: NATIONAL MUTUAL LIFE ASSOCIATION OF AUSTRALIA LTD Applicant AND: PETER JEVTOVIC Respondent COURT: Sundberg J DATE: 8 May 1997 PLACE: Melbourne REASONS FOR JUDGMENT SUNDBERG J: Background In May 1972 the respondent began working for Trico Pty Ltd ("Trico") as a toolmaker. In 1986 he injured his back while at work. He returned to work in September 1987 on light duties as a quality control inspector. He ceased employment on 3 March 1994 on medical advice and lodged a claim with Trico for a permanent disablement benefit under Trico's Superannuation Plan. Trico forwarded the claim to the applicant ("the insurer") for consideration. On 15 March 1995 the insurer informed Trico that it did not consider the respondent totally and permanently disabled, and rejected the claim. Trico referred the insurer's decision to the trustee of the Plan, Trico Custodian Pty Ltd ("the trustee"), which
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