Miles v SAS Trustee Corporation [2010] NSWIRComm 69
The applicant had all claimed infirmities certified at the time of medical discharge and pension determination. Given the conclusive nature of the s 10B(1) certificate and the absence of claimed psychiatric injury at the relevant time, the applicant could not now be validly aggrieved by the certificate, and there was no appealable dispute under s 88 of the Superannuation Administration Act 1996.
- Jurisdiction
- Australia
- Judgment Date
- 07 June 2010
- Procedural Posture
- Superannuation Appeal / Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- ['police Medical Discharge' 'amendment of Superannuation Certificate' 'eligibility for Appeal Under Superannuation Administration Act']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Superannuation Appeal / Judgment
Legal Issues
- 1 ['Whether applicant may appeal the Trustee’s refusal to amend a s 10B(1) superannuation certificate to add PTSD as an infirmity' "Whether the applicant is 'aggrieved' for purposes of s 88 Superannuation Administration Act 1996" 'Conclusive and binding nature of the s 10B(1) certificate']
Ratio Decidendi
The applicant had all claimed infirmities certified at the time of medical discharge and pension determination. Given the conclusive nature of the s 10B(1) certificate and the absence of claimed psychiatric injury at the relevant time, the applicant could not now be validly aggrieved by the certificate, and there was no appealable dispute under s 88 of the Superannuation Administration Act 1996.
Court Disposition
Appeal dismissed
Orders
- ['The appeal is dismissed.' 'Question of costs reserved. Liberty to apply within 28 days.']
Full Case Text
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