Edington v Superannuation Complaints Tribunal [2007] FCA 1989

FEDERAL COURT OF AUSTRALIA

Edington v Superannuation Complaints Tribunal [2007] FCA 1989

SUPERANNUATION – appeal from the Superannuation Complaints Tribunal – Tribunal affirmed decision of the Trustee of the Superannuation Fund not to pay any insurance benefit to the applicant who had been assessed as totally and permanently disabled after a workplace incident because the total and permanent disablement was caused by his pre-existing medical condition, namely schizophrenia – whether Tribunal's finding that the applicant's medical condition was related to his schizophrenia could not be supported by the evidence – whether evidence of link between applicant's post workplace incident medical condition and schizophrenia – whether Tribunal improperly exercised its powers – relevance of the Tribunal taking into account a medical report that was not before the Trustee – whether adequate weight given to further medical report – whether Tribunal erred in law in finding decision of Trustee was fair and reasonable Held: Application dismissed. Tribunal did not err in law in finding that the decision of the Trustee was fair and reasonable. It is clear that the Tribunal considered that the root cause of the applicant's total and permanent disability was his schizophrenia. The findings of the Tribunal were open to it on the evidence. The Tribunal considered the medical report of Dr de Leacy. Nothing turns on the fact that the Trustee did not consider this report as this report did not exist at the time the Trustee made its decision. The Tribunal was entitled to have regard to documents not before the Trustee in exercising its powers. The Tribunal did not make a finding which could not be supported by the evidence or improperly exercise its powers. Superannuation (Resolution of Complaints) Act 1993 (Cth) s 37, s 46 Briffa v Hay (1997) 75 FCR 428 cited Cameron v Board Trustees of the State Public Sector Superannuation Scheme (2003) 130 FCR 122 cited Colonial Mutual Life Assurance Society Ltd v Brayley [2002] FCA 1333 cited Commonwealth Superannuation Scheme Board v Dexter (2004) 142 FCR 151 cited Cullinane v Mercer Benefit Nominees Ltd (2006) 152 FCR 1 cited Flexiplan Australia Ltd v Pankhurst [2001] FCA 1535 cited HEST Australia Ltd v Sykley (2005) 147 FCR 248 cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited National Mutual Life Association of Australia Ltd v Campbell (2000) 99 FCR 562 cited National Mutual Life Association of Australia v Scollary [2002] FCA 695 cited Retail Employees Superannuation Pty Ltd v Crocker (2001) 48 ATR 359 cited Seafarers' Retirement Fund Pty Ltd v Oppenhuis (1999) 94 FCR 594 cited JOSEPH DAVID EDINGTON v SUPERANNUATION COMPLAINTS TRIBUNAL AND BOARD OF TRUSTEES OF THE STATE PUBLIC SECTOR SUPERANNUATION SCHEME QUD434 OF 2006