Cocks, D.H. v Commissioner for Superannuation

The appeal was against a decision of the Administrative Appeals Tribunal (AAT) that affirmed a decision of a delegate of the Commissioner for Superannuation, which in turn concerned the proper content of a benefit classification certificate and its effect on Mrs Cocks' entitlement to superannuation benefits. The appeal raised several grounds, including whether the benefit classification certificate was wrongly issued, whether the AAT erred in applying the provisions of s.66(2) of the Superannuation Act, and whether there was a breach of natural justice.

The court found that the AAT had not erred in its decision. The court held that there was no evidence of a prior benefit classification certificate in force, and thus, the certificate issued in 1981 and its variation in 1986 were valid. The court also found that the AAT was correct in considering the anxiety state as it was relevant to the incapacity which was the ground for Mrs Cocks' retirement. The court held that the AAT was correct in its finding that the incapacity was substantially contributed to by Mrs Cocks' personality disorder.

The court dismissed the appeal with costs.

The court ordered that the application be dismissed with costs.