Commonwealth Superannuation Scheme Board of Trustees v Kitching [2004] FCA 605

FEDERAL COURT OF AUSTRALIA Commonwealth Superannuation Scheme Board of Trustees v Kitching [2004] FCA 605

SUPERANNUATION –public service superannuation scheme – retirement benefits – retirement on ground of invalidity – whether the condition generalised anxiety disorder and depression was "connected with" the condition bipolar disorder – whether causal connection required – whether Superannuation Complaints Tribunal failed to apply the law correctly Superannuation Act 1976 (Cth) ss 16, 54C, 66, 66(2), 66(2)(c), 66(2A), 153AH Superannuation (Resolution of Complaints) Act 1993 (Cth) ss 14(2), 17, 37(6), 46, 46(1) Federal Court Rules O 80

Commissioner of Superannuation v Benham (1989) 22 FCR 413 discussed Commissioner for Superannuation v Miller (1985) 8 FCR discussed Commissioner for Superannuation v Perrett (1989) 23 FCR 425 discussed Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited Perrett v Commissioner for Superannuation (1991) 29 FCR 581 discussed TNT Skypak International (Aust) Pty Ltd v Federal Commissioner of Taxation (1988) 82 ALR 175 cited Wilson v Wilson's Tile Works Pty Ltd (1960) 104 CLR 328 cited COMMONWEALTH SUPERANNUATION SCHEME BOARD OF TRUSTEES v JOHN ANDREW KITCHING V377 of 2002 LEE J 18 MAY 2004

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY V377 OF 2002

BETWEEN: COMMONWEALTH SUPERANNUATION SCHEME BOARD OF TRUSTEES

APPLICANT

AND: JOHN ANDREW KITCHING

RESPONDENT

JUDGE: LEE J

DATE OF ORDER: 18 MAY 2004

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The decision of the Superannuation Complaints Tribunal made 16 May 2002 be set aside and the matter remitted to the Tribunal for determination according to law. 2. There be no order as to costs.