Price v MLC Nominees Pty Ltd [2007] FCA 298

FEDERAL COURT OF AUSTRALIA

Price v MLC Nominees Pty Ltd [2007] FCA 298

ADMINISTRATIVE LAW – Review of determination of Superannuation Complaints Tribunal – whether unfair and unreasonable to not reinstate account according to Superannuation (Resolution of Complaints) Act 1993 (Cth), subs 14(2) – mixed question of fact and law – appeal on question not raised below – permissive clause in trust deed – whether account cashed in favour of member according to Superannuation Industry (Supervision) Regulations 1994, reg 6.22 Superannuation (Resolution of Complaints) Act 1993 (Cth) subs 14(2), s 46 Superannuation Industry (Supervision) Regulations 1994) regs 6.17(2), 6.22 Asgard Capital Management Ltd v Maher (2003) 131 FCR 196 applied Australian Securities and Investment Commission v Saxby Bridge Financial Planning Pty Ltd (2003) 133 FCR 290 cited PETER JOHN PRICE v MLC NOMINEES PTY LIMITED AND SUPERANNUATION COMPLAINTS TRIBUNAL NSD 2202 OF 2005

EDMONDS J

9 MARCH 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2202 OF 2005

ON APPEAL FROM THE SUPERANNUATION COMPLAINTS TRIBUNAL CONSTITUTED BY GRAHAM BIRD (PRESIDING MEMBER) AND ROSS CHRISTIE (MEMBER)

BETWEEN: PETER JOHN PRICE

Applicant

AND: MLC NOMINEES PTY LIMITED

First Respondent

SUPERANNUATION COMPLAINTS TRIBUNAL

Second Respondent

JUDGE: EDMONDS J DATE OF ORDER: 9 MARCH 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The applicant's application for leave to further amend his notice of amended appeal be refused. 2. The appeal be dismissed. 3. The applicant pay the first respondent's 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

NEW SOUTH WALES DISTRICT REGISTRY NSD 2202 OF 2005