Rhodes v Tower Australia Superannuation Limited as Trustee for Tower Superannuation Fund [2004] FCA 812

FEDERAL COURT OF AUSTRALIA

Rhodes v Tower Australia Superannuation Limited as Trustee for Tower Superannuation Fund [2004] FCA 812 COSTS – superannuation – appeal from Superannuation Complaints Tribunal – termination of membership – exit fee – preliminary question first taken on hearing of appeal – alleged want of authority by Tribunal to review decision of Trustee – no relevant decision of Trustee – exit fee fixed by insurance policy – no basis for Tribunal interference – costs – principles governing discretion – failure by respondent to take preliminary point or objection as to competency – appropriate order no costs – each party to bear its own costs. Superannuation (Resolution of Complaints) Act 1993 (Cth) Federal Court of Australia Act 1976 (Cth) Ruddock v Vadarlis (No 2) (2001) 115 FCR 229 followed Arrowcrest Group Pty Ltd v Gill (1993) 46 FCR 90 cited Microsoft Corporation v Marks (No 2) (1996) 69 FCR 144 cited Coal & Allied Operations Pty Ltd v Industry Research & Development Board [1992] FCA 890 cited Robinswood Pty Ltd v Commissioner of Taxation [1998] FCA 729 cited ALLYSON JANE RHODES v TOWER SUPERANNUATION FUND W87 OF 2003 FRENCH J 25 JUNE 2004 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W87 OF 2003

BETWEEN: ALLYSON JANE RHODES

APPLICANT

AND: TOWER AUSTRALIA SUPERANNUATION LIMITED AS TRUSTEE FOR TOWER SUPERANNUATION FUND

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 25 JUNE 2004

WHERE MADE: PERTH

THE COURT ORDERS THAT:

Each party bear its own costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W87 OF 2003

BETWEEN: ALLYSON JANE RHODES

APPLICANT