Davis v Rio Tinto Staff Superannuation Fund Pty Ltd [2002] FCA 376

FEDERAL COURT OF AUSTRALIA

Davis v Rio Tinto Staff Superannuation Fund Pty Ltd [2002] FCA 376

ADMINISTRATIVE LAW – appeal from a determination of Superannuation Complaints Tribunal affirming decision of first respondent rejecting applicant's claim for a Total and Permanent Disablement benefit – when is the relevant time to consider whether the applicant was totally and permanently disabled – proper construction of the word "unlikely" in the context of whether unlikely the applicant will ever be able to engage in any regular remunerative work for which he is reasonably fitted by education, training or experience – whether Tribunal erred in law – whether Tribunal made findings as to all matters of fact - whether Tribunal misconstrued the terms of the policy WORDS AND PHRASES – "unlikely"

Superannuation (Resolution of Complaints) Act 1993 (Cth) s 46 National Mutual Life Association of Australasia Ltd v Campbell (2000) 99 FCR 562 mentioned Giles & Giles v The National Mutual Life Association of Australasia Ltd (1986) 4 ANZ Insurance Cases 74,525 distinguished Ivkovic v Australian Casualty & Life Limited (1994) 10 SR (WA) 325 at 351 followed Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 at 355 – 356 applied Minister for Immigration and Multicultural Affairs v Yusuf (2001) 180 ALR 1 at [72] – [75] applied Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 (at 272) applied KEVIN WAYNE DAVIS v RIO TINTO STAFF SUPERANNUATION FUND PTY LTD & ANOR T 24 OF 2001 HEEREY J 4 APRIL 2002 MELBOURNE (HEARD IN HOBART)

IN THE FEDERAL COURT OF AUSTRALIA

TASMANIA DISTRICT REGISTRY T 24 OF 2001

BETWEEN: KEVIN WAYNE DAVIS

APPLICANT

AND: RIO TINTO STAFF SUPERANNUATION FUND PTY LTD

FIRST RESPONDENT

AMP LIFE LIMITED