Marks v CSS Board of Trustees [2005] FCA 797

FEDERAL COURT OF AUSTRALIA

Marks v CSS Board of Trustees [2005] FCA 797 SUPERANNUATION – role of Superannuation Complaints Tribunal in fact finding – where Tribunal did not decide on "correct" version of events – where Tribunal did not accept one version of events over another – where Tribunal may only have determined whether trustee's determination of factual issues fair and reasonable as a part of evaluating whether decision was fair and reasonable – Tribunal should assess evidence and make findings

Superannuation (Resolution of Complaints) Act 1993 (Cth), s 37 Superannuation Act 1976 (Cth), s 157

National Mutual Life Association of Australia Ltd v Campbell (2000) 99 FCR 562 cited Hornsby v Military Superannuation and Benefits Board of Trustees No 1 (2003) 126 FCR 484 cited JOSEPH ANTHONY MARKS v CSS BOARD OF TRUSTEES AND SUPERANNUATION COMPLAINTS TRIBUNAL VID 1451 OF 2004 MOORE J 17 JUNE 2005 CANBERRA

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIAN DISTRICT REGISTRY VID 1451 OF 2004

ON APPEAL FROM THE SUPERANNUATION COMPLAINTS TRIBUNAL

BETWEEN: JOSEPH ANTHONY MARKS

APPLICANT

AND: CSS BOARD OF TRUSTEES

FIRST RESPONDENT

SUPERANNUATION COMPLAINTS TRIBUNAL

SECOND RESPONDENT

JUDGE: MOORE J

DATE OF ORDER: 17 JUNE 2005

WHERE MADE: CANBERRA

THE COURT ORDERS THAT: 1. The decision of the Superannuation Complaints Tribunal of 26 October 2004 in proceedings 03-1292 be set aside. 2. The matter be remitted to the Superannuation Complaints Tribunal to be determined 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

VICTORIAN DISTRICT REGISTRY VID 1451 OF 2004

ON APPEAL FROM THE SUPERANNUATION COMPLAINTS TRIBUNAL