Military Superannuation and Benefits Board of Trustees No 1 v Batt [2005] FCA 1865

FEDERAL COURT OF AUSTRALIA

Military Superannuation and Benefits Board of Trustees No 1 v Batt [2005] FCA 1865

SUPERANNUATION – appeal from Superannuation Complaints Tribunal – complaint to the Tribunal made under s 14 of the Superannuation (Resolution of Complaints) Act 1993 (Cth) – Tribunal determined that interest should be paid – whether the Tribunal correctly understood the extent of its powers on review – nature of decision under review by Tribunal – power to award interest under Trust Deed

Superannuation (Resolution of Complaints) Act 1993 (Cth), ss 14, 37, 41, 46(1) Military Superannuation and Benefits Act 1991 (Cth), ss 4(1), 18, 20 Superannuation Industry (Supervision) Act 1993 (Cth), ss 100, 101 Military Superannuation and Benefits Rules, rules 19(1), 22, 23 and 69 Military Superannuation and Benefits Board of Trustees No 1 v Batt [2003] FCA 71 referred to Retail Employees Superannuation Pty Ltd v Crocker [2001] FCA 1330 distinguished Lees v Comcare (1999) 24 AAR 350 referred to Fischer v PSS Board (unreported 29 May 1997, No NG 1 of 1997 referred to Briffa v Hay (1997) 75 FCR 428 referred to The Colonial Mutual Life Assurance Society v Brayley [2002] FCA 1333 referred to Military Superannuation and Benefits Board of Trustees No 1 v Drake [2003] FCA 78 referred to Fletcher v Commissioner of Taxation (1988) 19 FCR 442 discussed Secretary, Department of Social Security v Hodgson (1992) 37 FCR 32 discussed Attorney-General (Cth) v Breckler (1999) 197 CLR 83 discussed MILITARY SUPERANNUATION AND BENEFITS BOARD OF TRUSTEES No 1 v ROSS ANDREW BATT VID 574 OF 2003 KENNY J 19 DECEMBER 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 574 OF 2003

BETWEEN: MILITARY SUPERANNUATION AND BENEFITS BOARD OF TRUSTEES No 1

APPLICANT