Commissioner for Superannuation v. Scott, F.O. [1987] FCA 98

Commissioner for Superannuation v. Scott, F.O. [1987] FCA 98

The Tribunal erred in law by construing 'substantially' to mean more than trivial, minimal, or nominal. Within the phrase 'wholly or substantially dependent', 'substantially' means primarily, essentially, or in the main dependent. The matter should be remitted for reconsideration in light of this construction.

Parties
Applicant: Commissioner for Superannuation; Respondent: Fay Olive Scott
Jurisdiction
Australia
Judgment Date
11 March 1987
Procedural Posture
Appeal / Judgment on Appeal From Administrative Appeals Tribunal
Outcome
Appeal allowed
Legal Topics
Statutory Interpretation, Dependency Under Superannuation Legislation, Definition of Spouse, Meaning of 'substantially Dependent'
Administrative Law Superannuation Law Statutory Interpretation Dependency Under Superannuation Legislation Definition of Spouse Meaning of 'substantially Dependent'

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Parties

Commissioner for Superannuation

Applicant

Fay Olive Scott

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Administrative Appeals Tribunal

Legal Issues

  1. 1 Proper construction of the phrase 'wholly or substantially dependent' in the definition of 'spouse' under s.3 of the Superannuation Act 1976
  2. 2 Whether the Tribunal erred in its approach to the meaning of 'substantially'

Ratio Decidendi

The Tribunal erred in law by construing 'substantially' to mean more than trivial, minimal, or nominal. Within the phrase 'wholly or substantially dependent', 'substantially' means primarily, essentially, or in the main dependent. The matter should be remitted for reconsideration in light of this construction.

Court Disposition

Appeal allowed

Orders

  • The appeal be allowed and the decision appealed from be set aside.
  • The matter be remitted to the Administrative Appeals Tribunal for reconsideration with a direction that the word 'substantially' in the definition of 'spouse' in s.3 of the Superannuation Act 1976 means 'in the main' or 'essentially'.