Australian Super Pty Ltd v Woodward [2009] FCAFC 168

Australian Super Pty Ltd v Woodward [2009] FCAFC 168

The governing version of the trust deed for determining entitlement to a Total and Permanent Disability benefit is that in effect at the time the disability is claimed to have arisen, not the version as at the time of the trustee or insurer's decision; appeal allowed accordingly, as the Tribunal had conducted its review correctly.

Jurisdiction
Australia
Judgment Date
01 December 2009
Procedural Posture
Appeal / On Appeal From a Single Judge of the Federal Court of Australia
Outcome
Appeal allowed; cross-appeal dismissed
Legal Topics
['total and Permanent Disability Benefit' 'interpretation of Trust Deed' 'merits Review Jurisdiction' 'costs for Unrepresented Litigants']
['superannuation' 'administrative Law' 'trusts'] ['total and Permanent Disability Benefit' 'interpretation of Trust Deed' 'merits Review Jurisdiction' 'costs for Unrepresented Litigants']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / On Appeal From a Single Judge of the Federal Court of Australia

Legal Issues

  1. 1 ['Which version of the trust deed governs the entitlement to a Total and Permanent Disability benefit' "Whether the Tribunal's decision was inconsistent with an earlier Tribunal decision concerning the respondent" 'Whether there was power to award costs in favour of the unrepresented litigant']

Ratio Decidendi

The governing version of the trust deed for determining entitlement to a Total and Permanent Disability benefit is that in effect at the time the disability is claimed to have arisen, not the version as at the time of the trustee or insurer's decision; appeal allowed accordingly, as the Tribunal had conducted its review correctly.

Court Disposition

Appeal allowed; cross-appeal dismissed

Orders

  • ['The appeal be allowed, with costs.' 'The orders made on 22 May 2008 be set aside.' "In lieu of those orders, it is ordered that the appeal against the decision of the Superannuation Complaints Tribunal's decision of 23 March 2007 be dismissed with costs." 'The parties have liberty to apply within seven (7) days...