Flexiplan Australia Ltd v Pankhurst & Others [2001] FCA 1535

FEDERAL COURT OF AUSTRALIA

Flexiplan Australia Ltd v Pankhurst & Others [2001] FCA 1535 SUPERANNUATION – appeal from Superannuation Complaints Tribunal – whether Tribunal applied incorrect test in finding that decision of trustee was unfair or unreasonable in the circumstances. Superannuation (Resolution of Complaints) Act 1993 (Cth), s 46 TNT Skypak International (Aust) Pty Ltd v FCT (1988) 82 ALR 175 referred to Jedko Game Co P/L v Collector of Customs (NSW) (1987) 12 ALD 491 referred to Jeffcoat v Queensland Coal & Oil Shale Mining Industry (Superannuation) Ltd (2000) FCA 655 referred to Retail Employees Superannuation Pty Ltd v Crocker [2001] FCA 1330 referred to National Mutual Life Association of Australia Ltd v Campbell (2000) 99 FCR 562 referred to Lykogiannis v Retail Employees Superannuation Pty Ltd [2000] FCA 327 referred to FLEXIPLAN AUSTRALIA LTD (ACN 056 678 427) V FAITH CLARICE PANKHURST, RAEAL MARY GALLAGHER, MICHAEL DAMIEN GALLAGHER, ANTONY FRANCIS GALLAGHER AND NATHAN DAMIEN GALLAGHER W9 OF 2001

LEE J

31 OCTOBER 2001

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W9 OF 2001

BETWEEN: FLEXIPLAN AUSTRALIA LTD

(ACN 056 678 427)

APPLICANT

AND: FAITH CLARICE PANKHURST

FIRST RESPONDENT

RAEAL MARY GALLAGHER

SECOND RESPONDENT

MICHAEL DAMIEN GALLAGHER

THIRD RESPONDENT

ANTONY FRANCIS GALLAGHER

FOURTH RESPONDENT

NATHAN DAMIEN GALLAGHER

FIFTH RESPONDENT

JUDGE: LEE J

DATE OF ORDER: 31 OCTOBER 2001

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The "appeal" be dismissed. 2. The applicant pay costs to counsel for the first respondent being such sum as the taxing officer allows as a reasonable fee to counsel appointed as "pro bono" counsel by the Court pursuant to O.80 of the Federal Court Rules. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.