Goudge v CSS Board [2003] FCA 426

FEDERAL COURT OF AUSTRALIA

Goudge v CSS Board [2003] FCA 426

ADMINISTRATIVE LAW – application for review of a decision by the CSS Board as superannuation trustee – applicant had been deemed not to have retired on the ground of invalidity because of physical incapacity – whether the Board failed to take into account relevant considerations – whether improper exercise of power by Board by taking irrelevant considerations into account – existence of evidence to support Board's findings – whether Board misconstrued test for incapacity Administrative Decisions Judicial Review Act 1977 (Cth) s5

Superannuation Act 1976 (Cth) s7(2), s153AS

Re Australian Postal and Telecommunications Union, New South Wales Branch (1975) 25 FLR 90, cited

Commissioner for Superannuation v Hastings (1986) 70 ALR 625, applied

Scott v Commissioner for Superannuation (1987) 8 AAR 20, cited

Minister for Aboriginal Affairs v Peko-Wallsend (1986) 162 CLR 24, applied

Paul v Minister for Immigration and Multicultural Affairs (2001) 113 FCR 396, [2001] FCA 1196, applied

DAVID JOHN GOUDGE v CSS BOARD V606 OF 2002 MARSHALL J MELBOURNE 29 APRIL 2003

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V606 OF 2002

BETWEEN: DAVID JOHN GOUDGE

APPLICANT

AND: CSS BOARD

RESPONDENT

JUDGE: MARSHALL J

DATE OF ORDER: 29 APRIL 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed.

2. The applicant pay the respondent's costs of the application including reserved costs to be taxed in default of agreement. 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 V606 OF 2002

BETWEEN: DAVID JOHN GOUDGE

APPLICANT

AND: CSS BOARD