Cullinane v Mercer Benefit Nominees Limited (formerly known as Mellon Nominees Limited) [2005] FCA 1470

FEDERAL COURT OF AUSTRALIA

Cullinane v Mercer Benefit Nominees Limited (formerly known as Mellon Nominees Limited) [2005] FCA 1470

SUPERANNUATION – Superannuation Complaints Tribunal – whether Tribunal applied wrong test of applicant's entitlement – 'total and permanent disablement' or 'disablement' – construction of deed establishing superannuation fund and deeds varying it.

WORDS AND PHRASES – 'disablement' – 'total and permanent disablement' – 'unable'.

Superannuation (Resolution of Complaints) Act 1993 (Cth)

Lykogiannis v Retail Employees Superannuation Pty Ltd (2000)97 FCR 361 followed Colonial Mutual Life Assurance Society v Brayley [2002] FCA 1333 followed Attorney General (Cth) v Breckler (1999) 197 CLR 83 followed Pope v Lawler (1996) 41 ALD 127 followed National Mutual Life Association of Australasia Ltd v Scollary [2002] FCA 695 followed National Mutual Life Association of Australia Ltd v Jevtovic [1997] FCA 359 followed Citicorp Life Insurance Ltd v Smith [2005] FCAFC 102 followed Davis v Rio Tinto Staff Superannuation Fund Pty Ltd (2002) 118 FCR 170 followed Retail Employees Superannuation Pty Ltd v Crocker [2001] FCA 1330 followed Kuswardana v Minister for Immigration and Ethnic Affairs (1981) 35 ALR 186 followed

JUDITH ANNE CULLINANE v MERCER BENEFIT NOMINEES LIMITED

(formerly known as MELLON NOMINEES LIMITED) WAD 44 of 2005 LINDGREN J 19OCTOBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY WAD 44 OF 2005

ON APPEAL FROM THE SUPERANNUATION COMPLAINTS TRIBUNAL CONSTITUTED BY ELLA DE ROOY (PRESIDING MEMBER),

CAROLYN RE (MEMBER) AND JANET MARTIN (MEMBER)

BETWEEN: JUDITH ANNE CULLINANE

APPLICANT

AND: MERCER BENEFIT NOMINEES LIMITED

(formerly known as MELLON NOMINEES LIMITED)

RESPONDENT JUDGE: LINDGREN J