Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Host-Plus (Qld) Pty Limited v Kelley [2009] FCA 1504
Superannuation (Resolution of Complaints) Act 1993 (Cth) ss 14(2), 30, 36(a) and (c), 37(3) and (5), 46 Retail Employees Superannuation Pty Ltd v Crocker [2001] FCA 1330
HOST-PLUS (QLD) PTY LIMITED V ADRIAN NEIL KELLEY and AUSTRALIAN INCOME PROTECTION PTY LIMITED NSD 414 of 2007 AUSTRALIAN INCOME PROTECTION PTY LIMITED v ADRIAN NEIL KELLEY and HOST-PLUS (QLD) PTY LIMITED
NSD 416 of 2007
BUCHANAN J
15 December 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
General Division NSD 414 of 2007
BETWEEN: HOST-PLUS (QLD) PTY LIMITED
Applicant
AND: ADRIAN NEIL KELLEY
First Respondent
AUSTRALIAN INCOME PROTECTION PTY LIMITED
Second Respondent
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
General Division NSD 416 of 2007
BETWEEN: AUSTRALIAN INCOME PROTECTION PTY LIMITED
Applicant
AND: ADRIAN NEIL KELLEY
First Respondent
HOST-PLUS (QLD) PTY LIMITED
Second Respondent
JUDGE: BUCHANAN J
DATE OF ORDER: 15 DECEMBER 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The determination of the Superannuation Complaints Tribunal made on 16 February 2007 be set aside and, in lieu thereof, the decisions of Australian Income Protection Pty Limited and Host Plus (Qld) Pty Limited that Mr Kelley was not entitled to a
benefit for temporary total disablement be affirmed.
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