Sherrah v Commonwealth Superannuation Corporation [2015] FCA 698

Sherrah v Commonwealth Superannuation Corporation [2015] FCA 698

The correct interpretation of 'termination day' under the Determination, as applied by the Tribunal, is that it is the day before the trustee calculates and processes the benefit, and this construction is neither arbitrary nor contrary to law. No error of law was shown in the Tribunal's reasoning, its approach to settlement, nor to the quantum of the offer. The applicant raised questions of law sufficient to allow the appeal to proceed but failed on the substantive question.

Parties
Applicant: Christopher Alan Sherrah; First Respondent: Commonwealth Superannuation Corporation; Second Respondent: Superannuation Complaints Tribunal
Jurisdiction
Australia
Judgment Date
10 July 2015
Procedural Posture
Appeal / Judgment on Application for Extension of Time and Substantive Appeal
Outcome
Extension of time to appeal granted; notice of objection to competency dismissed; substantive appeal dismissed.
Legal Topics
Extension of Time to Appeal, Appeal on Question of Law, Superannuation Complaints Tribunal Jurisdiction, Interpretation of 'termination Day' in Superannuation Context, Fair and Reasonable Trustee Decisions, Tribunal Review Powers
Practice and Procedure Superannuation Law Extension of Time to Appeal Appeal on Question of Law Superannuation Complaints Tribunal Jurisdiction Interpretation of 'termination Day' in Superannuation Context Fair and Reasonable Trustee Decisions Tribunal Review Powers

Case Brief

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Parties

Christopher Alan Sherrah

Applicant

Commonwealth Superannuation Corporation

First Respondent

Superannuation Complaints Tribunal

Second Respondent

Procedural Posture

Appeal / Judgment on Application for Extension of Time and Substantive Appeal

Legal Issues

  1. 1 Whether extension of time to appeal should be granted
  2. 2 Whether Tribunal erred in construction of 'termination day' under the Determination
  3. 3 Whether the applicant's benefit should be recalculated using an earlier earnings rate

Ratio Decidendi

The correct interpretation of 'termination day' under the Determination, as applied by the Tribunal, is that it is the day before the trustee calculates and processes the benefit, and this construction is neither arbitrary nor contrary to law. No error of law was shown in the Tribunal's reasoning, its approach to settlement, nor to the quantum of the offer. The applicant raised questions of law sufficient to allow the appeal to proceed but failed on the substantive question.

Court Disposition

Extension of time to appeal granted; notice of objection to competency dismissed; substantive appeal dismissed.

Orders

  • The name of the first respondent be amended to 'Commonwealth Superannuation Corporation'.
  • The time within which the applicant may institute an appeal under s 46(1) of the Superannuation (Resolution of Complaints) Act 1993 (Cth) be extended up to and including 15 October 2014.