FEDERAL COURT OF AUSTRALIA
Haematite Proprietary Limited v Ristevski [2002] FCA 408
SUPERANNUATION – appeal from decision of Superannuation Complaints Tribunal –claim for disablement benefit – determination that complainant disabled – failure to consider whether Trustee’s decision fair and reasonable.
Superannuation (Resolution of Complaints) Act 1993 (Cth) – ss 14, 37
Lykogiannis v Retail Employees Superannuation Pty Ltd (2000) 97 FCR 361 applied
National Mutual Life Association of Australasia v Campbell (2000) 99 FCR 562 distinguished
National Mutual Life Association of Australia Ltd v Jevtovic (Sundberg J, 8 May 1997, unreported) applied
Adkins v The Health Employees Superannuation Trust Australia Ltd (Heerey J, 15 August 1997, unreported) appliedHAEMATITE PROPRIETARY LIMITED as Trustee for the BHP Superannuation Fund v TOME RISTEVSKI
V 752 of 2000
GOLDBERG J
MELBOURNE
9 APRIL 2002
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
V 752 of 2000
On Appeal from the Superannuation Complaints Tribunal
BETWEEN:
HAEMATITE PROPRIETARY LIMITED as Trustee for the BHP Superannuation Fund
ApplicantAND:
TOME RISTEVSKI
RespondentJUDGE:
GOLDBERG J
DATE OF ORDER:
9 APRIL 2002
WHERE MADE:
MELBOURNE
THE COURT ORDERS THAT:
1. The appeal be allowed.
2.The decision of the Superannuation Complaints Tribunal on 24 August 2000 is set aside.
3.The matter is remitted to the Superannuation Complaints Tribunal for further consideration and determination according to law.
4. The respondent pay the applicant’s costs of the application.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
V 752 of 2000
On Appeal from the Superannuation Complaints Tribunal
BETWEEN:
HAEMATITE PROPRIETARY LIMITED as Trustee for the BHP Superannuation Fund
ApplicantAND:
TOME RISTEVSKI
Respondent
JUDGE:
GOLDBERG J
DATE:
9 APRIL 2002
PLACE:
MELBOURNE
REASONS FOR JUDGMENT
Introduction
The applicant, Haematite Pty Ltd (“the Trustee”), appeals from a determination of the Superannuation Complaints Tribunal (“the Tribunal”) of 24 August 2000 setting aside the Trustee’s decision not to pay the respondent a disability benefit and substituting a decision that the respondent was entitled to be paid a disability benefit.
Background
The respondent was born on 20 September 1950. On 20 January 1971, he commenced working for The Broken Hill Proprietary Company Limited as a labourer and later worked as plant operator. He joined the BHP Superannuation Fund on 6 July 1976. The respondent injured himself on 30 December 1992 when undertaking heavy lifting and developed bilateral inguinal hernias. In March 1994, he developed pain in his right elbow while screwing a large bolt during the course of his work. On 25 November 1994, he fell backwards against a fence during the course of his employment and injured his back. In 1995, the respondent noticed pain in his left knee which increased when he knelt, squatted or stood. On 12 July 1996, he accepted a voluntary redundancy from The Broken Hill Proprietary Company Limited and finished work that day. The respondent lodged a claim for the payment of a total and permanent disablement benefit on…
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- Case
- [2002] FCA 408
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the Tribunal had the authority to set aside the Trustee’s decision and substitute its own, and if the decision of the Tribunal was reasonable and justified. Specifically, the court needed to determine whether the Tribunal’s decision was in accordance with the powers granted to it under the Superannuation (Resolution of Complaints) Act 1993 (Cth). The court also had to consider the extent to which the Tribunal could rely on medical evidence to support its decision.
The court found that the Tribunal had the power to substitute its own decision for that of the Trustee, as outlined in s 37(3) of the Act. However, the court held that the Tribunal’s decision to set aside the Trustee’s decision was not supported by the evidence. The court emphasised that the Trustee, as the decision-maker, had the discretion to determine whether the respondent’s condition rendered him permanently incapable of suitable employment. The medical evidence presented was conflicting, and the court held that the Tribunal had not adequately considered the full range of medical opinions and the respondent’s capacity to perform work within the constraints of his injuries.
The appeal was allowed, and the decision of the Superannuation Complaints Tribunal was set aside. The matter was remitted to the Tribunal for further consideration and determination according to law. Additionally, the respondent was ordered to pay the applicant’s costs of the application.
Orders
Orders of the court
1. The appeal be allowed.
2. The decision of the Superannuation Complaints Tribunal on 24 August 2000 is set aside.
3. The matter is remitted to the Superannuation Complaints Tribunal for further consideration and determination according to law.
4. The respondent pay the applicant’s costs of the application.
Background
Background to the litigation
Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: GOLDBERG J
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