Lykogiannis v Retail Employees Superannuation Pty Ltd [2000] FCA 327

FEDERAL COURT OF AUSTRALIA

Lykogiannis v Retail Employees Superannuation Pty Ltd [2000] FCA 327 ADMINISTRATIVE LAW – Appeal from particular authority – Superannuation Complaints Tribunal – whether the Tribunal erred in law – Tribunal's interpretation of Insurance policy – meaning of "at work" in the context of that policy – whether the term includes a four day training course – proper exercise of Tribunal's discretion.

Superannuation (Resolution of Complaints) Act 1993 (Cth) ss 14, 14(2), 14 (3), 15, 17A, 37, 37(6), 46, Pt 2 Superannuation Industry (Supervision) Act 1993 (Cth) s 101 Superannuation Industry (Supervision) Legislation Amendment Act 1995 (Cth) s 5, Item 5 of Sch 5 Minehan v AGL Employees Superannuation Pty Ltd (1998) 134 ACTR 1 distinguished National Mutual Life Association of Australia Ltd v Jevtovic (Sundberg J, 8 May 1997, unreported) applied Briffa v Hay (1997) 75 FCR 428 applied Adkins v The Health Employees Superannuation Trust Australia Ltd (Heerey J, 15 August 1997, unreported) applied Seafarers' Retirement Fund Pty Ltd v Oppenhuis [1999] FCA 1683 applied National Mutual Life Association of Australasia Ltd v Campbell [1999] FCA 1717 applied Attorney-General v Breckler (1999) 73 ALJR 981 applied Wilkinson (1998) 79 FCR 469 referred to

JOHN LYKOGIANNIS v RETAIL EMPLOYEES SUPERANNUATION

PTY LIMITED V 568 of 1999

MANSFIELD J ADELAIDE 23 MARCH 2000 IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 568 OF 1999

BETWEEN: JOHN LYKOGIANNIS

Applicant

AND: RETAIL EMPLOYEES SUPERANNUATION

PTY LIMITED

Respondent

JUDGE: MANSFIELD J

DATE OF ORDER: 23 MARCH 2000

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The matter be remitted to the Superannuation Complaints Tribunal for hearing and determination 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