National Mutual Life Association of Australasia Ltd v Campbell [1999] FCA 1717

FEDERAL COURT OF AUSTRALIA

National Mutual Life Association of Australasia Ltd v Campbell [1999] FCA 1717 SUPERANNUATION – Complaints Tribunal – nature of review function – decision of trustee that member not totally and permanently disabled – conflict of medical evidence – Tribunal preferring treating doctor Superannuation (Resolution of Complaints) Act 1993 (Cth) ss 37, 46 Associated Provincial Picture Houses Limited v Wednesbury Corporations [1948] KB 223 at 230 mentioned National Mutual Life Association of Australasia Limited v Jevtovic, (unreported, 8 May 1997, Sundberg J) followed Attorney-General (Cth) v Breckler (1999) 163 ALR 576 at 603-604 applied Pope v Lawler (unreported, 7 May 1996, A B Nicholson J) followed Statham v Federal Commissioner of Taxation (1988) 16 ALD 723 at 724 applied

NATIONAL MUTUAL LIFE ASSOCIATION OF AUSTRALASIA LIMITED V ROBERT ALBERT CAMPELL NO. VG 436 OF 1997

HEEREY J 10 DECEMBER 1999 HOBART (HEARD IN MELBOURNE)

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 436 OF 1997

BETWEEN: NATIONAL MUTUAL LIFE ASSOCIATION OF AUSTRALASIA LIMITED

Applicant

AND: RONALD ALBERT CAMPBELL

Respondent

JUDGE: HEEREY J

DATE OF ORDER: 10 DECEMBER 1999

WHERE MADE: HOBART (HEARD IN MELBOURNE)

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant pay the respondent's costs, including reserved costs. 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. V436 OF 1997

BETWEEN: NATIONAL MUTUAL LIFE ASSOCIATION OF AUSTRALASIA LIMITED

Applicant

AND: RONALD ALBERT CAMPBELL

Respondent

JUDGE: HEEREY J

DATE: 10 DECEMBER 1999

PLACE: HOBART (HEARD IN MELBOURNE)