Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Asgard Capital Management Limited v Maher [2003] FCAFC 156
SUPERANNUATION – member's benefit – payment of benefit by trustee to person other than member – whether payment by trustee in breach of Superannuation Industry (Supervision) Regulations 1994 – whether payment "in favour of" the member WORDS AND PHRASES – "in favour of"
Superannuation (Resolution of Complaints) Act 1993 (Cth) ss14(2), 37(1)(a) Superannuation Industry (Supervision) Act 1993 (Cth) ss 34, Superannuation Industry (Supervision) Regulations 1994 regs 6.17(2), 6.17A, 6.18, 6.19, 6.19A, 6.20, 6.22, 13.12, 13.13 ASGARD CAPITAL MANAGEMENT LIMITED v BARRY RICHARD MAHER N 1232 of 2002 RYAN, FINKELSTEIN & DOWNES JJ 25 JULY 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1232 of 2002
On Appeal from a Single Judge of the Federal Court of Australia
BETWEEN: ASGARD CAPITAL MANAGEMENT LIMITED
Appellant
AND: BARRY RICHARD MAHER
Respondent
JUDGES: RYAN, FINKELSTEIN & DOWNES JJ
DATE OF ORDER: 25 JULY 2003
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The orders of the trial judge made on 29 October 2002 be set aside. 3. The decision of the Superannuation Complaints Tribunal dated 28 June 2002 be set aside. 4. The decision of the appellant made on 5 October 1999 and the subject of the appeal be affirmed. 5. The respondent pay the appellant's taxed costs of the appeal and of the hearing below. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1232 of 2002
On Appeal from a Single Judge of the Federal Court of Australia
BETWEEN: ASGARD CAPITAL MANAGEMENT LIMITED
Appellant
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