Colonial Mutual Life Assurance Society Limited v Brayley [2002] FCA 1333

FEDERAL COURT OF AUSTRALIA

Colonial Mutual Life Assurance Society Limited v Brayley [2002] FCA 1333

SUPERANNUATION – appeal from Superannuation Complaints Tribunal – complaint to the Tribunal made under s 14 of the Superannuation (Resolution of Complaints) Act 1993 (Cth) – whether the Tribunal correctly understood the extent of its powers – refusal by fund to pay life insurance benefit – whether decision involved an exercise of discretion – whether decision fair and reasonable - whether the Tribunal's finding that written terms of the trust deed and life insurance policy had been varied supported by relevant finding of fact or by reference to legal principles - estoppel

Superannuation (Resolution of Complaints) Act 1993 (Cth), ss 6, 12, 14, 14AA, 15, 37, 46 South Australian Health Commission Act 1976 (SA) Superannuation Legislation Amendment (Resolution of Complaints) Act 1998 (Cth), s 8

Attorney‑General for the Commonwealth v Breckler (1999) 197 CLR 83 cited National Mutual Life Association of Australia Ltd v Campbell [2000] FCA 852; 99 FCR 562 cited Employment Advocate v Williamson [2001] FCA 1164; 111 FCR 20 cited Wilkinson v Clerical Administrative and Related Employees Superannuation Pty Ltd [1998] FCA 51; 79 FCR 469 cited National Mutual Life Association of Australia Ltd v Jevtovic, unreported, Sundberg J, 8 May 1997 cited National Mutual Life Association of Australia Limited v Scollary [2002] FCA 695 cited Briffa v Hay (1997) 75 FCR 428 cited Retail Employees Superannuation Pty Ltd v Crocker [2001] FCA 1330 referred to J Edelman, 'Judicial Discretion in Australia', Australian Bar Review, vol. 19, no. 3, June 2001, p. 285 THE COLONIAL MUTUAL LIFE ASSURANCE SOCIETY LIMITED (ACN 004 021 809) v JOHN QUINTON BRAYLEY AND SAHC VMO FUND PTY LTD (ACN 067 309 719) N 391 of 2002 BRANSON J 30 OCTOBER 2002 SYDNEY