Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Military Superannuation and Benefits Board No 1 v Stanger [2002] FCA 671
ADMINISTRATIVE LAW – Military and Superannuation Benefits Board – nature of Complaints Tribunal's role – obligation to answer statutory questions – whether evidence to support tribunals findings – whether medical evidence permitted inference as to level of incapacity – capacity of Tribunal to "remake" decision
Statutes Military Superannuation and Benefits Act 1991 (Cth) s 4 Military Superannuation and Benefits Rules r 19(1), 22(1), 22(2), 23(1), 23(3) Superannuation (Resolution of Complaints) Act 1993 (Cth) ss 46(1), 14(2), 14AA, 32-35, 36, 37(1), 37(3), 37(4), 37(5), 37(6)
Cases Attorney-General (Cth) v Breckler (1999) 197 CLR 83 Applied Briffa v Hay (1997) 75 FCR 428 Followed Lykogiannis v Retail Employees Superannuation Pty Limited (2000) 97 FCR 361 Applied Seafarers' Retirement Fund Pty Ltd v Oppenhuis (1999) 94 FCR 594 Followed MILITARY AND SUPERANNUATION BENEFITS BOARD NO 1 v JEFFREY JOHN STANGER V633 of 2001 KIEFEL J BRISBANE 31 MAY 2002
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY V633 OF 2001
BETWEEN: MILITARY AND SUPERANNUATION BENEFITS BOARD NO 1
APPLICANT
AND: JEFFREY JOHN STANGER
RESPONDENT
JUDGE: KIEFEL J
DATE OF ORDER: 31 MAY 2002
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: 1. The decision of the Superannuation Complaints Tribunal of 9 May 2001 is set aside and the matter is remitted to the Tribunal for determination according to law. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY V633 OF 2001
BETWEEN: MILITARY AND SUPERANNUATION BENEFITS BOARD NO 1
APPLICANT
AND: JEFFREY JOHN STANGER
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