Nowicka v Superannuation Complaints Tribunal [2008] FCAFC 191

Nowicka v Superannuation Complaints Tribunal [2008] FCAFC 191

The Tribunal erred in concluding that the appellant's complaint about interest was misconceived. On a practical and purposive construction of Rule 69, the words identifying a benefit payable as a lump sum do not prevent delay from being assessed by reference to the period during which the appellant was denied an entitlement that should have been paid. The Full Court held that the appellant was entitled to interest on the $207,438.54 paid to her on 18 November 2005, set aside the Tribunal's decision and the decision treating the complaint as withdrawn, and remitted the matter to the Tribunal. Moore and Gilmour JJ considered Batt wrongly decided and distinguishable; Flick J concurred in the...

Jurisdiction
Australia
Judgment Date
19 December 2008
Procedural Posture
Superannuation Appeal Concerning Interest on Delayed Death Benefit Payment / Appeal From a Single Judge of the Federal Court of Australia to the Full Court
Outcome
Appeal allowed; declaration made that the appellant is entitled to interest; Tribunal decisions set aside; matter remitted to the Superannuation Complaints Tribunal; third respondent ordered to pay the appellant's costs of the appeal.
Legal Topics
['military Superannuation Death Benefits' 'interest on Delayed Payment of Benefits' 'superannuation Complaints Tribunal Review' 'construction of Superannuation Trust Deed Rules' 'retrospective Effect of Tribunal Determinations']
['superannuation Law' 'administrative Law'] ['military Superannuation Death Benefits' 'interest on Delayed Payment of Benefits' 'superannuation Complaints Tribunal Review' 'construction of Superannuation Trust Deed Rules' 'retrospective Effect of Tribunal Determinations']

Case Brief

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Procedural Posture

Superannuation Appeal Concerning Interest on Delayed Death Benefit Payment / Appeal From a Single Judge of the Federal Court of Australia to the Full Court

Legal Issues

  1. 1 ['Whether the appellant was entitled to interest under Rule 69 of the Military Superannuation and Benefits Rules on the lump sum of $207,438.54 paid to her on 18 November 2005.' "Whether the Superannuation Complaints Tribunal erred in treating the appellant's complaint about non-payment of interest as misconceived and withdrawn under s 22(3)(b) of the Superannuation (Resolution of Complaints) Act 1993 (Cth)." 'Whether Military Superannuation and Benefits Board of Trustees No 1 v Batt (2005) 149 FCR 448 correctly governed the operation of Rule 69.' 'From what date, if any, delay should be assessed for the purposes of Rule 69.']

Ratio Decidendi

The Tribunal erred in concluding that the appellant's complaint about interest was misconceived. On a practical and purposive construction of Rule 69, the words identifying a benefit payable as a lump sum do not prevent delay from being assessed by reference to the period during which the appellant was denied an entitlement that should have been paid. The Full Court held that the appellant was entitled to interest on the $207,438.54 paid to her on 18 November 2005, set aside the Tribunal's decision and the decision treating the complaint as withdrawn, and remitted the matter to the Tribunal. Moore and Gilmour JJ considered Batt wrongly decided and distinguishable; Flick J concurred in the...

Court Disposition

Appeal allowed; declaration made that the appellant is entitled to interest; Tribunal decisions set aside; matter remitted to the Superannuation Complaints Tribunal; third respondent ordered to pay the appellant's costs of the appeal.

Orders

  • ['The appellant is entitled to interest on the sum of $207,438.54 paid to her on 18 November 2005 under Rule 69 of the Military Superannuation and Benefits Rules.' 'The appeal be allowed.' 'Orders 1 and 2 of the orders of Sundberg J of 20 June 2008 be set aside, and in their place, there be an order that the...