Qantas Superannuation Limited v McAulay [2019] FCA 109

Qantas Superannuation Limited v McAulay [2019] FCA 109

The proper construction of sub-rule 23.10(c)(iv) of the Superannuation Plan requires offsetting of any income, including DSP, from any source which the Trustee determines to be in respect of or arising out of the disability. The words are of wide import, and, in context, the DSP falls within the category of income required to be offset against the TPD benefit. The Tribunal erred in reading down these words by the ejusdem generis principle and in distinguishing the treatment of social security payments across different sub-rules.

Jurisdiction
Australia
Judgment Date
13 February 2019
Procedural Posture
Appeal / Judgment on Appeal From the Superannuation Complaints Tribunal
Outcome
Appeal allowed. Tribunal's determination set aside.
Legal Topics
['offsetting Superannuation Benefits' 'construction of Trust Deeds' 'total and Permanent Disablement Benefits' 'disability Support Pension' 'application of the Ejusdem Generis Principle']
['superannuation Law' 'administrative Law' 'trusts Law'] ['offsetting Superannuation Benefits' 'construction of Trust Deeds' 'total and Permanent Disablement Benefits' 'disability Support Pension' 'application of the Ejusdem Generis Principle']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal From the Superannuation Complaints Tribunal

Legal Issues

  1. 1 ["Whether Disability Support Pension (DSP) is 'income' for the purposes of the offsetting provision in the Superannuation Plan" 'Whether estimated future social security benefits are to be offset against TPD benefits' 'Whether the Tribunal erred in its construction of sub-rules 23.10(c)(iv) and (v) of the Superannuation Plan' "Consideration of 'unfair and unreasonable' under s 37 of the Superannuation (Resolution of Complaints) Act 1993 (Cth)"]

Ratio Decidendi

The proper construction of sub-rule 23.10(c)(iv) of the Superannuation Plan requires offsetting of any income, including DSP, from any source which the Trustee determines to be in respect of or arising out of the disability. The words are of wide import, and, in context, the DSP falls within the category of income required to be offset against the TPD benefit. The Tribunal erred in reading down these words by the ejusdem generis principle and in distinguishing the treatment of social security payments across different sub-rules.

Court Disposition

Appeal allowed. Tribunal's determination set aside.

Orders

  • ["The applicant's interlocutory application to lead further evidence is dismissed." 'Parties are to file and serve proposed consent orders as to the costs of the interlocutory application or, if not agreed, proposed minutes of order setting timetable for written submissions on costs.' 'The appeal is allowed.' 'The...