Interhealth Energies Pty Ltd as Trustee of the Interhealth Superannuation Fund v Commissioner of Taxation [2012] FCAFC 185

FEDERAL COURT OF AUSTRALIA

Interhealth Energies Pty Ltd as Trustee of the Interhealth Superannuation Fund v Commissioner of Taxation [2012] FCAFC 185 Citation: Interhealth Energies Pty Ltd as Trustee of the Interhealth Superannuation Fund v Commissioner of Taxation [2012] FCAFC 185

Appeal from: Commissioner of Taxation v Interhealth Energies Pty Ltd as Trustee of the Interhealth Superannuation Fund [2012] FCA 120

Parties: INTERHEALTH ENERGIES PTY LTD ACN 003 104 505 AS TRUSTEE OF THE INTERHEALTH SUPERANNUATION FUND v COMMISSIONER OF TAXATION and IVOR WORRELL AND JASON BETTLES IN THEIR CAPACITY AS JOINT AND SEVERAL TRUSTEES OF THE BANKRUPT ESTATE OF PATRICK SHAUN WILSON

File number: QUD 187 of 2012

Judges: GREENWOOD, MCKERRACHER AND KATZMANN JJ

Date of judgment: 17 December 2012

Catchwords: APPEAL AND NEW TRIAL – whether appellant should be granted leave to raise new point on appeal not ventilated before primary judge – interests of justice – prejudice to respondents – earlier proceedings between the parties conducted on the basis that the Commissioner of Taxation was the relevant regulator SUPERANNUATION – self managed superannuation fund – enforceable undertaking pursuant to s 262A Superannuation Industry (Supervision) Act 1993 (Cth) – breach of undertaking, statutory and common law duties by trustee – whether the fund in question met s 17A definition of a "self-managed superannuation fund" – whether Commissioner of Taxation was the relevant "Regulator" under the Act as at the time enforceable undertaking was provided and breached

Legislation: Superannuation Industry (Supervision) Act 1993 (Cth) ss 6, 10, 17A, 40, 42, 42A, 262A