Mohandoss v AMP Superannuation Limited (ACN 008 414 104) [2007] FCA 497

FEDERAL COURT OF AUSTRALIA

Mohandoss v AMP Superannuation Limited (ACN 008 414 104) [2007] FCA 497

VIJAYARAGAVALU MOHANDOSS v AMP SUPERANNUATION LIMITED (ACN 008 414 104)

VID 758 of 2005

RYAN J

5 APRIL 2007

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIADISTRICT REGISTRY VID 758 of 2005

ON APPEAL FROM THE SUPERANNUATION COMPLAINTS TRIBUNAL

BETWEEN: VIJAYARAGAVALU MOHANDOSS

Applicant

AND: AMP SUPERANNUATION LIMITED (ACN 008 414 104)

Respondent

JUDGE: RYAN J DATE OF ORDER: 5 APRIL 2007

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. Leave to amend the notice of appeal be refused. 2. The application be dismissed. 3. The applicant pay the respondent's costs of the application, including any reserved costs, such 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

VICTORIADISTRICT REGISTRY VID 758 of 2005

ON APPEAL FROM THE SUPERANNUATION COMPLAINTS TRIBUNAL

BETWEEN: VIJAYARAGAVALU MOHANDOSS

Applicant

AND: AMP SUPERANNUATION LIMITED (ACN 008 414 104)

Respondent

JUDGE: RYAN J

DATE: 5 APRIL 2007

PLACE: MELBOURNE

REASONS FOR JUDGMENT 1 This is an application by way of appeal from a determination of the Superannuation Complaints Tribunal ("the Tribunal") made on 10 June 2005 whereby the Tribunal determined to affirm the decision of the respondent ("AMP") to refuse to recredit the superannuation benefit account standing to the credit of the applicant at AMP with the sum of $145,925.69 together with interest or an accumulation thereon. 2 Section 46 of the Superannuation (Resolution of Complaints) Act 1993 (Cth) ("the Act") authorises a party to appeal to this court, on a question of law, from a determination of the Tribunal. This appeal comes before the Court exercising its original rather than its appellate jurisdiction.