Chapman v QSuper Board [2020] FCA 88

FEDERAL COURT OF AUSTRALIA

Chapman v QSuper Board [2020] FCA 88 File number: QUD 160 of 2019

Judge: RANGIAH J

Date of judgment: 11 February 2020

Catchwords: SUPERANNUATION - appeal from a decision of the Superannuation Complaints Tribunal (Tribunal) affirming Trustee's decision - where applicant alleges that Trustee acted unreasonably in refusing to pay benefit three years earlier - where Trustee refused to pay interest from earlier date – where applicant contends Tribunal's decision involved errors of law - whether Tribunal misconstrued terms of insurance - whether Tribunal failed to take into account relevant considerations - whether Tribunal had regard to irrelevant considerations - appeal dismissed

Legislation: Superannuation (Resolution of Complaints) Act 1993 (Cth) ss 14 and 37 Superannuation (State Public Sector) Act 1990 (Qld) ss 4, 7 and 12 Superannuation (State Public Sector) Deed 1990 (Qld) cll 4, 12, 13 and 65

Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 Board of Trustees of the State Public Sector Superannuation Scheme v Edington (2011) 119 ALD 472; [2011] FCAFC 8 Chetcuti v Minister for Immigration and Border Protection (2019) 165 ALD 236; [2019] FCAFC 112 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 77 ALJR 1088; [2003] HCA 26 Hands v Minister for Immigration and Border Protection (2018) 364 ALR 423; [2018] FCAFC 225 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Border Protection v Sabharwal [2018] FCAFC 160