Sherrah v Commonwealth Superannuation Corporation [2015] FCA 698

FEDERAL COURT OF AUSTRALIA

Sherrah v Commonwealth Superannuation Corporation [2015] FCA 698 Citation: Sherrah v Commonwealth Superannuation Corporation [2015] FCA 698

Appeal from: Application for extension of time: Superannuation Complaints Tribunal: Determination Number D14-15\022

Parties: CHRISTOPHER ALAN SHERRAH v COMMONWEALTH SUPERANNUATION CORPORATION and SUPERANNUATION COMPLAINTS TRIBUNAL

File number: SAD 258 of 2014

Judge: BESANKO J

Date of judgment: 10 July 2015

Catchwords: PRACTICE AND PROCEDURE – application for extension of time within which to appeal from a determination of the Superannuation Complaints Tribunal – where application made approximately eight weeks after the period for instituting an appeal had expired – where the applicant's explanation for the delay was not entirely satisfactory – where there would be some prejudice to the applicant if the extension of time was not granted – where there was some public interest in resolving the issues raised by the draft notice of appeal – where four of the questions identified in the draft notice of appeal raised questions of law – Superannuation (Resolution of Complaints) Act 1993 (Cth) s 46. SUPERANNUATION – appeal from a determination of the Superannuation Complaints Tribunal – consideration of the function of the Tribunal – whether the Tribunal made an error of law in interpreting "termination day" in the Superannuation Act 1976 (Allocated Interest – CSS) Determination 2007 to mean calculates and processes – Superannuation (Resolution of Complaints) Act 1993 (Cth) ss 14, 37 – Superannuation Act 1976 (Allocated Interest – CSS) Determination 2007 s 6 – Superannuation Act 1976 (Cth) s 27C. Held: Application for extension of time granted. Notice of objection to competency dismissed. Appeal dismissed.