Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Webb v Teeling [2009] FCA 1094
SUPERANNUATION – payment of a death benefit in superannuation fund – complaint to Superannuation Complaints Tribunal – whether trustee's decision fair and reasonable – relevant considerations in determining whether decision fair and reasonable – scope of complaint – scope of Tribunal's powers. Held: appeal from Superannuation Complaints Tribunal dismissed. Superannuation (Resolution of Complaints) Act 1993 (Cth) Superannuation Industry (Supervision) Act 1993 (Cth) Superannuation Industry (Supervision) Regulations 1994 (Cth) Birdseye v Australian Securities and Investment Commission (2003) 76 ALD 321; [2003] FCAFC 232 Briffa v Hay (1997) 75 FCR 428 at 437 Comcare v Etheridge (2006) 149 FCR 522; [2006] FCAFC 27 Edwards v Postsuper Pty Ltd [2007] FCAFC 83 Lykogiannis v Retail Employees Superannuation Pty Ltd (2000) 97 FCR 361; [2000] FCA 327 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 National Mutual Life Association of Australia v Campbell (2000) 99 FCR 562; [2000] FCA 852
REBECCA LOUISE WEBB v JILL TEELING, AUDREY DUCKWORTH AND RICHARD WEBB AS JOINT EXECUTORS OF THE ESTATE OF THE LATE OLIVE WEBB and KIM LORRAINE WEBB
NSD 260 of 2009
JAGOT J
29 SEPTEMBER 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
General Division NSD 260 of 2009
ON APPEAL FROM THE SUPERANNUATION COMPLAINTS TRIBUNAL
BETWEEN: REBECCA LOUISE WEBB
Applicant
AND: JILL TEELING
First Respondent
AUDREY DUCKWORTH AND RICHARD WEBB AS JOINT EXECUTORS OF THE ESTATE OF THE LATE OLIVE WEBB
Second Respondent
KIM LORRAINE WEBB
Third Respondent
JUDGE: JAGOT J
DATE OF ORDER: 29 SEPTEMBER 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
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