Purcell v APS Chemicals Superannuation Pty Ltd [2009] FCA 154

Purcell v APS Chemicals Superannuation Pty Ltd [2009] FCA 154

Applicant provided a satisfactory explanation for her delay in instituting the appeal, and her proposed grounds raise legitimate questions of law such that the appeal is not bound to fail, justifying an extension of time subject to conditions.

Parties
Applicant: Susan Carolyn Purcell; First Respondent: APS Chemicals Superannuation Pty Ltd; Second Respondent: The National Mutual Life Association of Australia Limited
Jurisdiction
Australia
Judgment Date
26 February 2009
Procedural Posture
Application for Extension of Time to Appeal Tribunal Determination / Judgment on Extension of Time Application
Outcome
Extension of time granted for applicant to institute appeal from Tribunal determination.
Legal Topics
Extension of Time to Appeal, Appeal From Tribunal, Questions of Law, Reasonableness of Tribunal Decision, Adequacy of Reasons
Superannuation Administrative Law Extension of Time to Appeal Appeal From Tribunal Questions of Law Reasonableness of Tribunal Decision Adequacy of Reasons

Case Brief

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Parties

Susan Carolyn Purcell

Applicant

APS Chemicals Superannuation Pty Ltd

First Respondent

The National Mutual Life Association of Australia Limited

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal Tribunal Determination / Judgment on Extension of Time Application

Legal Issues

  1. 1 Whether applicant should be granted extension of time to institute appeal from Superannuation Complaints Tribunal determination
  2. 2 Whether proposed appeal raises questions of law as required by s 46(1) of the Superannuation (Resolution of Complaints) Act 1993 (Cth)
  3. 3 Whether Tribunal's reasons were adequate pursuant to s 40 of the Act

Ratio Decidendi

Applicant provided a satisfactory explanation for her delay in instituting the appeal, and her proposed grounds raise legitimate questions of law such that the appeal is not bound to fail, justifying an extension of time subject to conditions.

Court Disposition

Extension of time granted for applicant to institute appeal from Tribunal determination.

Orders

  • Applicant allowed until 13 March 2009 to institute an appeal from Tribunal determination.
  • In such an appeal, applicant limited to questions of law and grounds specified in Draft Notice of Appeal tendered on 5 February 2009 and marked Exhibit 'A'.