Stock (as Executor of the Will of Mandie, Deceased) v N.M. Superannuation Proprietary Limited [2015] FCA 612

FEDERAL COURT OF AUSTRALIA

Stock (as Executor of the Will of Mandie, Deceased) v N.M. Superannuation Proprietary Limited [2015] FCA 612 Citation: Stock (as Executor of the Will of Mandie, Deceased) v N.M. Superannuation Proprietary Limited [2015] FCA 612

Appeal from: Superannuation Complaints Tribunal: Determination Number D14-15\073

Parties: GARRY STOCK (AS EXECUTOR OF THE WILL OF DAVID MANDIE, DECEASED), EVELYN DANOS and MARK CERCHÉ v N.M. SUPERANNUATION PROPRIETARY LIMITED ACN 008 428 322, STEPHEN WAYNE MANDIE and IAN ROBERT MANDIE

File number: VID 645 of 2014

Judge: TRACEY J

Date of judgment: 23 June 2015

Catchwords: SUPERANNUATION – review of a decision of the Superannuation Complaints Tribunal – whether Tribunal's decision to affirm the trustee's determination to pay certain benefits to the deceased's children was in its operation in relation to the complainants fair and reasonable in the circumstances – whether Tribunal failed to give adequate reasons for its decision

Legislation: Acts Interpretation Act 1901 (Cth) s 25D Superannuation (Resolution of Complaints) Act 1993 (Cth) ss 14, 34, 36(a), 37, 40, 46

Cases cited: ASIC v Saxby Bridge (2003) 133 FCR 290 – cited Birdseye v ASIC (2003) 76 ALD 321 – cited Board of Trustees of the State Public Sector Superannuation Scheme v Edington (2011) 119 ALD 472 – cited Cameron v Board of Trustees of the State Public Sector Superannuation Scheme (2003) 130 FCR 122 – cited Entrust Pension Limited v Prospect Hospice Limited [2012] EWHC 3640 (Ch) – cited Friar v Brown [2015] FCA 135 – cited L & B Linings Pty Ltd v WorkCover Authority of New South Wales [2012] NSWCA 15 – cited Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 – cited Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Palme (2003) 216 CLR 212 – cited Retail Employees' Superannuation Pty Ltd v Crocker (2001) 48 ATR 359 – cited Re Vestey's Settlement [1951] 2 All ER 891 – cited Tarrant v ASIC (2015) 317 ALR 328 – cited Wingfoot Australia Partners Pty Ltd v Kocak (2013) 303 ALR 64 – cited