The decision in Batt that a benefit is 'payable' only from the date of the decision-maker's determination, and that delay cannot be measured from an earlier date, is disapproved. Where a Tribunal substitutes a decision under the Superannuation (Resolution of Complaints) Act 1993, s 41(3)(b) gives that decision retrospective effect from the date of the original decision under review, and the period between the original decision and payment may constitute 'delay' for the purposes of Rule 69 interest. Moore and Gilmour JJ went further, holding delay may be measured from the date the benefit should have been paid had the correct decision been made initially. The question of the precise start date for measuring delay (date of death vs date of original Board decision) was not unanimously resolved.
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