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

FEDERAL COURT OF AUSTRALIA

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

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

File number: QUD 221 of 2010

Judge: LOGAN J

Date of judgment: 22 February 2012

Catchwords: SUPERANNUATION – self managed super fund – enforceable undertaking s 262A Superannuation Industry Supervision Act 1993 (Cth) – breach of undertaking duties of trustees – failure to pay superannuation benefit in full – remedies – whether award of compound interest considered

Legislation: Income Tax Assessment Act 1936 (Cth) Pt IX Income Tax Assessment Act 1997 (Cth) Div 285 Superannuation Industry Supervision Act 1993 (Cth) ss 17A, 42A, 52, 262A Superannuation Industry (Supervision) Regulations 1994

Cases cited: Alexander v Perpetual Trustees WA Limited (2004) 216 CLR 109 followed Ben v Suva City Council [2008] FJSC 17 considered Commissioner of Taxation v Interhealth Energies Pty Ltd as Trustee of the Interhealth Superannuation Fund [2011] FCA 1365 cited Cowan v Scargill [1985] Ch 270 applied Hungerfords v Walker (1988) 171 CLR 125 considered Re Speight (1882) 22 Ch D 727 applied Thomas v SMP (International) No 6 [2010] NSWSC 1311 considered Wallersteiner v Moir (No 2) [1975] QB 373 considered