Gomes v United Super Pty Ltd [2014] FCA 392

Gomes v United Super Pty Ltd [2014] FCA 392

The appeal was dismissed because it was founded solely on contested facts, rather than on a real question of law, and the Tribunal's findings as to the facts are not subject to appeal under s 46 of the Act.

Jurisdiction
Australia
Judgment Date
23 April 2014
Procedural Posture
Appeal From the Superannuation Complaints Tribunal / Judgment on Appeal
Outcome
Appeal dismissed with costs
Legal Topics
['appeal on Question of Law' 'superannuation Complaints' 'insurance Cover Under Superannuation']
['administrative Law' 'superannuation Law'] ['appeal on Question of Law' 'superannuation Complaints' 'insurance Cover Under Superannuation']

Case Brief

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Procedural Posture

Appeal From the Superannuation Complaints Tribunal / Judgment on Appeal

Legal Issues

  1. 1 ['Whether the appeal raises a question of law within s 46 of the Superannuation (Resolution of Complaints) Act 1993 (Cth)' 'Whether factual matters decided by the Tribunal can found an appeal to the Federal Court']

Ratio Decidendi

The appeal was dismissed because it was founded solely on contested facts, rather than on a real question of law, and the Tribunal's findings as to the facts are not subject to appeal under s 46 of the Act.

Court Disposition

Appeal dismissed with costs

Orders

  • ['The appeal be dismissed with costs.']