Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kristoffersen v Superannuation Complaints Tribunal [2013] FCA 951 Citation: Kristoffersen v Superannuation Complaints Tribunal [2013] FCA 951
Parties: KURT KRISTOFFERSEN v SUPERANNUATION COMPLAINTS TRIBUNAL, COLONIAL MUTUAL SUPERANNUATION PTY LTD and COLONIAL MUTUAL LIFE ASSURANCE SOCIETY PTY LTD
File number: QUD 176 of 2013
Judge: LOGAN J
Date of judgment: 19 September 2013
Catchwords: SUPERANNUATION – superannuation funds – private sector superannuation scheme – decisions of board of trustees of superannuation scheme and its insurer refusing claim for benefit – appellant sought review of decisions by Superannuation Complaints Tribunal (the Tribunal) which affirmed decisions – appeal against that decision of the Tribunal – whether Tribunal discharged its function by determining whether decision under review was "fair and reasonable" in its operation in relation to the appellant – Superannuation (Resolution of Complaints) Act 1993 (Cth) ss 36, 37, 46, 47 Held: Appeal dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) Federal Court of Australia Act 1976 (Cth) Superannuation (Resolution of Complaints) Act 1993 (Cth) ss 14, 37, 46, 48 Federal Court Rules Div 33.2, Div 33.3, r 33.12, r 33.34
Cases cited: Alcoa of Australia Retirement Plan Pty Ltd v Thompson (2002) 116 FCR 139 applied Board of Trustees of the State Public Sector Superannuation Scheme v Edington (2011) 199 ALD 47 followed Hornsby v Military Superannuation and Benefits Board of Trustees (No 1) (2003) 126 FCR 484 considered Hourn v Farm Plan Pty Ltd [2003] FCA 1122 considered Lykogiannis v Retail Employees Superannuation Pty Ltd (2000) 97 FCR 361 considered Minister for Immigration and Citizenship v SZGUR (2011) 241 CLR 594 considered Minister for Immigration and Citizenship v SZIAI (2009) 83 ALJR 1129 considered Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 considered Minister for Immigration and Multicultural and Indigenous Affairs v QAAH (2006) 231 CLR 1 cited National Mutual Life Association of Australia Ltd v Jevtovic [1997] FCA 359 considered Retail Employees Superannuation Pty Ltd v Crocker (2001) 48 ATR 359 considered TNT Skypak International (Aust) Pty Ltd v Federal Commissioner of Taxation (1988) 82 ALR 175 cited
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