Purcell v APS Chemicals Superannuation Pty Ltd [2009] FCA 981

Purcell v APS Chemicals Superannuation Pty Ltd [2009] FCA 981

The Tribunal made an error of law in affirming the trustee's and insurer's decisions because there was no evidence before the Tribunal to support a finding that Ms Purcell could return to full-time work; fairness and reasonableness cannot be found where material on which the claim rests is uncontradicted, and the lack of evidence to support the alternative position is ignored.

Parties
Applicant: Susan Carolyn Purcell; First Respondent: APS Chemicals Superannuation Pty Ltd (ACN 065 209 074); Second Respondent: The National Mutual Life Association of Australia (ACN 004 020 437)
Jurisdiction
Australia
Judgment Date
31 August 2009
Procedural Posture
Appeal / Judgment Following Appeal From Superannuation Complaints Tribunal
Outcome
Appeal allowed; decision of Tribunal set aside; matter remitted to Tribunal; costs to applicant.
Legal Topics
Total and Permanent Disablement Benefit, Appeal From Superannuation Complaints Tribunal, Error of Law, Review of Decision, Medical Evidence
Superannuation Law Total and Permanent Disablement Benefit Appeal From Superannuation Complaints Tribunal Error of Law Review of Decision Medical Evidence

Case Brief

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Parties

Susan Carolyn Purcell

Applicant

APS Chemicals Superannuation Pty Ltd (ACN 065 209 074)

First Respondent

The National Mutual Life Association of Australia (ACN 004 020 437)

Second Respondent

Procedural Posture

Appeal / Judgment Following Appeal From Superannuation Complaints Tribunal

Legal Issues

  1. 1 Whether the Tribunal erred in law by affirming the trustee's and insurer's decision in the absence of evidence of the member's capacity for full-time work
  2. 2 Whether the Tribunal provided proper reasons for its decision

Ratio Decidendi

The Tribunal made an error of law in affirming the trustee's and insurer's decisions because there was no evidence before the Tribunal to support a finding that Ms Purcell could return to full-time work; fairness and reasonableness cannot be found where material on which the claim rests is uncontradicted, and the lack of evidence to support the alternative position is ignored.

Court Disposition

Appeal allowed; decision of Tribunal set aside; matter remitted to Tribunal; costs to applicant.

Orders

  • The appeal is allowed.
  • The decision of the Superannuation Complaints Tribunal of 10 October 2008 is set aside.