FEDERAL COURT OF AUSTRALIA
Local Government Superannuation Board v Thorne [2002] FCA 848
ADMINISTRATIVE LAW - review of decision of Superannuation Complaints Tribunal - whether the decision of the Tribunal was consistent with the proper construction of the rules of the superannuation scheme - whether Tribunal erred in not finding the respondent's complaint related to the management of the superannuation scheme as a whole - whether decision of Tribunal required the applicant as trustee of a superannuation scheme to do something contrary to the governing Rules of the scheme - whether the Tribunal erred in 're-writing' the respondent’s complaint.
SUPERANNUATION – transfer of member between superannuation schemes – whether member entitled to payment from new scheme equivalent to bonus accumulation paid by old scheme pursuant to a change in the rules in the old scheme subsequent to the member’s transfer – construction of rules of statutory scheme.
Superannuation (Resolution of Complaints) Act 1993 (Cth), ss 14, 37, 46
Superannuation Industry (Supervision) Act 1993 (Cth), ss 103-105, 111-113, 130
Local Government Act 1934 (SA) ss 73, 74, 75, 76, 78, 157a (repealed), 157b (repealed)
Local Government Act Amendment Act 1984 (SA)
Local Government Act Amendment Act (No. 3) 1984 (SA)Briffa v Hay (1997) 75 FCR 428 - referred to
Wilkinson v Clerical, Administrative and Related Employees Superannuation Pty Ltd (1997) 79 FCR 469 - referred to
Lykogiannis v Retail Employees Superannuation Pty Ltd (2000) 97 FCR 361 - referred to
National Mutual Life Association of Australia Ltd v Campbell (2000) 99 FCR 562 - referred to
Haematite Pty Ltd as Trustee for the BHP Superannuation Fund v Ristevski [2002] FCA 408 - referred to
Mettoy Pension Trustees Ltd v Evans [1990] 1 WLR 1587 – discussed
Lock v Westpac Banking Corporation (1991) 25 NSWLR 593 – referred to
Scully v Commissioner of Taxation (1990) 84 FCR 41 – referred to
Australian Broadcasting Commission v Australasian Performing Right Association Ltd (1973) 129 CLR 99 – referred toLOCAL GOVERNMENT SUPERANNUATION BOARD v RAYMOND EDWARD THORNE
S 216 of 2001
MANSFIELD J
ADELAIDE
3 JULY 2002
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
S 216 OF 2001
BETWEEN:
LOCAL GOVERNMENT SUPERANNUATION BOARD
APPLICANTAND:
RAYMOND EDWARD THORNE
RESPONDENTJUDGE:
MANSFIELD J
DATE OF ORDER:
3 JULY 2002
WHERE MADE:
ADELAIDE
THE COURT ORDERS THAT:
1.The application is allowed.
2.The order of the Superannuation Complaints Tribunal made on 18 November 2001 is set aside.
3.The decision of the Local Government Superannuation Board be reinstated, to the effect that the benefits to which Raymond Edward Thorne is entitled under the Local Government Superannuation Scheme upon his retirement from employment with the Corporation of the City of Adelaide do not include a payment equivalent to that to which he would have become entitled had he remained a member of The Corporation of the City of Adelaide Superannuation Plan upon the 1996 resolution of its trustee to distribute excess funds partially to its members at that time.
Note: Settlement and entry of orders…
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- Case
- [2002] FCA 848
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the Tribunal's decision correctly interpreted the terms of the Trust and the Scheme in relation to the respondent's entitlements. The court examined the provisions of the Trust Deed, particularly Clause 21, which connects the respondent's employment to the receipt of benefits. The court found that the terms of the Trust Deed, rather than any statements in a booklet, determined the respondent's entitlements. It held that Clause 21 entitled the respondent to receive benefits from the Fund in accordance with the provisions of his previous Fund, meaning he was entitled to the equivalent benefit from the Fund if his previous Fund had been amended to provide for the distribution of surplus allocation. However, the court also found that the respondent, as an Old Benefit Member, was limited to receiving benefits payable under the former Fund, excluding him from the 1994 and 1997 Bonus Multiple distributions.
The court set aside the Tribunal's order and reinstated the decision of the Local Government Superannuation Board, which determined that the respondent was not entitled to benefits equivalent to those he would have received had he remained a member of The Corporation of the City of Adelaide Superannuation Plan in 1996. The court's decision clarified the interpretation of the Trust Deed provisions and the respondent's entitlements under the Scheme, providing a definitive resolution to the dispute regarding his retirement benefits.
Orders
Orders of the court
1. The application is allowed.
2. The order of the Superannuation Complaints Tribunal made on 18 November 2001 is set aside.
3. The decision of the Local Government Superannuation Board be reinstated, to the effect that the benefits to which Raymond Edward Thorne is entitled under the Local Government Superannuation Scheme upon his retirement from employment with the Corporation of the City of Adelaide do not include a payment equivalent to that to which he would have become entitled had he remained a member of The Corporation of the City of Adelaide Superannuation Plan upon the 1996 resolution of its trustee to distribute excess funds partially to its members at that time.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: MANSFIELD J
Full text does not contain this section.