Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Haematite Proprietary Limited v Ristevski [2002] FCA 408
SUPERANNUATION – appeal from decision of Superannuation Complaints Tribunal –claim for disablement benefit – determination that complainant disabled – failure to consider whether Trustee's decision fair and reasonable. Superannuation (Resolution of Complaints) Act 1993 (Cth) – ss 14, 37
Lykogiannis v Retail Employees Superannuation Pty Ltd (2000) 97 FCR 361 applied National Mutual Life Association of AustralasiavCampbell (2000) 99 FCR 562 distinguished National Mutual Life Association of Australia Ltd v Jevtovic (Sundberg J, 8 May 1997, unreported) applied Adkins v The Health Employees Superannuation Trust Australia Ltd (Heerey J, 15 August 1997, unreported) applied HAEMATITE PROPRIETARY LIMITED as Trustee for the BHP Superannuation Fund v TOME RISTEVSKI V 752 of 2000 GOLDBERG J MELBOURNE 9 APRIL 2002
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 752 of 2000
On Appeal from the Superannuation Complaints Tribunal
BETWEEN: HAEMATITE PROPRIETARY LIMITED as Trustee for the BHP Superannuation Fund
Applicant
AND: TOME RISTEVSKI
Respondent
JUDGE: GOLDBERG J
DATE OF ORDER: 9 APRIL 2002
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The appeal be allowed.
2. The decision of the Superannuation Complaints Tribunal on 24 August 2000 is set aside.
3. The matter is remitted to the Superannuation Complaints Tribunal for further consideration and determination according to law.
4. The respondent pay the applicant's costs of the application.
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 752 of 2000
On Appeal from the Superannuation Complaints Tribunal
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