Hourn v Farm Plan Pty Limited [2003] FCA 1122

FEDERAL COURT OF AUSTRALIA

Hourn v Farm Plan Pty Limited [2003] FCA 1122 SUPERANNUATION – Superannuation Complaints Tribunal – appeal – decision of trustee to pay benefit from fund to deceased's companion – whether Tribunal failed to have sufficient regard or give sufficient weight to evidence – such ground fails to raise a question of law – whether Tribunal failed to carry out duty to inquire – no such duty existed in the circumstances Superannuation (Resolution of Complaints) Act 1993 (Cth) s 11, 12, 24, 25, 36, 37, 45, 46 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 applied Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 cited Craig v South Australia (1995) 184 CLR 163 applied Luu v Renevier (1989) 91 ALR 39 cited McAuliffe v Department of Social Security (1992) 28 ALD 609 cited Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 cited Minister for Immigration Ethnic Affairs v Teoh (1995) 183 CLR 273 applied Prasad v Minister for Immigration & Ethnic Affairs (1985) 6 FCR 155 referred to Roy v Sturgeon (1986) 11 NSWLR 454 cited Videto v Minister for Immigration & Ethnic Affairs (1985) 8 FCR 167 cited Visa International Service Association v Reserve Bank of Australia [2003] FCA 977 considered PETER JAMES HOURN v FARM PLAN PTY LIMITED and TANYA KLENE W421 of 2001 RD NICHOLSON J 16 OCTOBER 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W421 OF 2001

BETWEEN: PETER JAMES HOURN

APPLICANT

AND: FARM PLAN PTY LIMITED

FIRST RESPONDENT

TANYA KLENE

SECOND RESPONDENT

JUDGE: RD NICHOLSON J

DATE OF ORDER: 16 OCTOBER 2003

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The appeal from the decision of the Superannuation Complaints Tribunal given on 30 October 2000 be dismissed. 2. The applicant pay the first respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.