Bennett v SAS Trustee Corporation & Anor (No 2) [2008] NSWIRComm 89

Bennett v SAS Trustee Corporation & Anor (No 2) [2008] NSWIRComm 89

Mr Bennett, as son, executor, and beneficiary of the deceased police officer and as initiator of the dispute, has a special interest in the determination (above that of any member of the general public), thus qualifies as a 'person aggrieved' entitled to bring the appeal under s 88 of the Superannuation Administration Act.

Jurisdiction
Australia
Judgment Date
02 May 2008
Procedural Posture
Appeal / Determination of Standing (threshold Issue) Prior to Merits Hearing
Outcome
Applicant found to have standing to bring the appeal. Hearing on the merits to proceed.
Legal Topics
['standing (person Aggrieved)' 'appeal Rights' 'superannuation Entitlements for De Facto Partners' 'statutory Interpretation']
['superannuation Law' 'administrative Law'] ['standing (person Aggrieved)' 'appeal Rights' 'superannuation Entitlements for De Facto Partners' 'statutory Interpretation']

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Procedural Posture

Appeal / Determination of Standing (threshold Issue) Prior to Merits Hearing

Legal Issues

  1. 1 ["Whether Mr Bennett has standing as a 'person aggrieved' under s 88 of the Superannuation Administration Act 1996 to appeal the Disputes Committee's determination" "Interpretation of 'person aggrieved' in the statutory context of superannuation benefits for a deceased police officer's de facto partner"]

Ratio Decidendi

Mr Bennett, as son, executor, and beneficiary of the deceased police officer and as initiator of the dispute, has a special interest in the determination (above that of any member of the general public), thus qualifies as a 'person aggrieved' entitled to bring the appeal under s 88 of the Superannuation Administration Act.

Court Disposition

Applicant found to have standing to bring the appeal. Hearing on the merits to proceed.

Orders

  • ['The argument that Mr Bennett has no standing is rejected. The hearing on the merits will proceed.']