Burtaleea v AustralianSuper Pty Ltd [2016] FCA 521

Burtaleea v AustralianSuper Pty Ltd [2016] FCA 521

The Tribunal's decision to treat the complaint as withdrawn under s 22(3)(b) is not a 'determination' under s 46 and is therefore not open to appeal; the appeal must be dismissed for want of competency.

Parties
Applicant: Mamode Sanauaz Burtaleea; First Respondent: AustralianSuper Pty Ltd; Second Respondent: Superannuation Complaints Tribunal
Jurisdiction
Australia
Judgment Date
13 May 2016
Procedural Posture
Statutory Appeal / Appeal Dismissed at Preliminary Stage Due to Incompetency
Outcome
Appeal dismissed with costs in favour of the first respondent
Legal Topics
Determinations Under Superannuation (resolution of Complaints) Act, Jurisdictional Appeal Rights, Insurance Contracts Act Compliance
Superannuation Administrative Law Determinations Under Superannuation (resolution of Complaints) Act Jurisdictional Appeal Rights Insurance Contracts Act Compliance

Case Brief

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Parties

Mamode Sanauaz Burtaleea

Applicant

AustralianSuper Pty Ltd

First Respondent

Superannuation Complaints Tribunal

Second Respondent

Procedural Posture

Statutory Appeal / Appeal Dismissed at Preliminary Stage Due to Incompetency

Legal Issues

  1. 1 Is a Tribunal decision to treat a complaint as withdrawn under s 22(3)(b) of the Superannuation (Resolution of Complaints) Act 1993 (Cth) a 'determination' permitting appeal under s 46?
  2. 2 Did the Tribunal err in law by not determining the substance of the applicant's complaint on its merits?
  3. 3 Did the Tribunal err in law in its factual findings and application of Insurance Contracts Act provisions?

Ratio Decidendi

The Tribunal's decision to treat the complaint as withdrawn under s 22(3)(b) is not a 'determination' under s 46 and is therefore not open to appeal; the appeal must be dismissed for want of competency.

Court Disposition

Appeal dismissed with costs in favour of the first respondent

Orders

  • The appeal be dismissed with costs in favour of the first respondent.
  • Any application for costs by the second respondent be made within seven days.