Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
National Mutual Life Association of Australasia Ltd v Campbell [2000] FCA 852
SUPERANNUATION – Complaints Tribunal – Nature of review function where decision of Insurer that member not totally and permanently disabled – Conflict of medical evidence - Decision of Tribunal that Insurer's decision unfair and/or unreasonable in all the circumstances – Whether Tribunal addressed the right question – Caution about attempts at definition of "unfair or unreasonable". Superannuation (Resolution of Complaints) Act 1993 (Cth) ss 36, 37 Superannuation Industry (Supervision) Legislation Amendment Act 1995 (Cth) National Mutual Life Association of Australia Ltd v Jevtovic (unreported, 8 May 1997, Sundberg J), discussed The Attorney-General for the Commonwealth v Breckler (1999) 197 CLR 83, discussed Wilkinson v Clerical Administrative and Related Employees Superannuation Pty Ltd (1997) 79 FCR 469, discussed Seafarers' Retirement Fund Pty Ltd v Oppenhuis [1999] FCA 1683, discussed NATIONAL MUTUAL LIFE ASSOCIATION OF AUSTRALASIA LTD v RONALD ALBERT CAMPBELL V 30 OF 2000 BLACK CJ, EMMETT & HELY JJ 23 JUNE 2000 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 30 OF 2000
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: NATIONAL MUTUAL LIFE ASSOCIATION OF AUSTRALASIA LTD
APPELLANT
AND: RONALD ALBERT CAMPBELL
RESPONDENT
JUDGES: BLACK CJ, EMMETT & HELY JJ
DATE OF ORDER: 23 JUNE 2000
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The appeal is dismissed with 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 V 30 OF 2000
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
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