Sommer v NM Superannuation Pty Ltd [2001] FCA 923

FEDERAL COURT OF AUSTRALIA

Sommer v NM Superannuation Pty Ltd [2001] FCA 923

SUPERANNUATION – appeal against decision of Superannuation Complaints Tribunal – total and permanent disability benefit claim – conflicting medical evidence – Tribunal deciding not by choosing between medical opinions but by reference to underlying facts – whether Tribunal erred in law ADMINISTRATIVE LAW – natural justice – procedural fairness – Superannuation Complaints Tribunal receives Supplementary Submission from insurer – forwards copy to complainant's solicitors advising that response not sought – Tribunal deciding against complainant – no new matter raised by Supplementary Submission – complainant unable to suggest anything he would wish to have said to Tribunal in response to Supplementary Submission – whether breach of rules of natural justice – whether, if so, discretion should be exercised against quashing Tribunal's decision National Mutual Life Association of Australia Ltd v Jevtovic (FCA/Sundberg J, 8 May 1997, unreported) cited National Mutual Life Association of Australia Ltd v Campbell (2000) 99 FCR 562 cited Stead v State Government Insurance Commission (1986) 161 CLR 141 applied Fares Rural Meat and Livestock Co Pty Ltd v Australian Meat and Live-Stock Corporation (1990) 96 ALR 153 cited Australian and Overseas Telecommunications Corporations Ltd v McAuslan (1993) 47 FCR 492 (FC) cited Turner v Official Trustee in Bankruptcy (1996) 71 FCR 418 (FC) cited Giretti v Commissioner of Taxation (1996) 70 FCR 151 cited Attorney-General (Northern Territory) v Hand (1988) 15 ALD 186 cited RAY BARRY SPENCER SOMMER v NM SUPERANNUATION PTY LIMITED & ANOR N 1230 OF 2000 LINDGREN J 20 JULY 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1230 OF 2000

ON APPEAL FROM THE SUPERANNUATION COMPLAINTS TRIBUNAL CONSTITUTED BY MS NICOLE CULLEN, DEPUTY CHAIRPERSON, AND MR ROSS CHRISTIE, MEMBER