Matsen v Superannuation Complaints Tribunal [2017] FCA 765

FEDERAL COURT OF AUSTRALIA

Matsen v Superannuation Complaints Tribunal [2017] FCA 765 File number: NSD 608 of 2015

Judge: PERRY J

Date of judgment: 6 July 2017

Catchwords: SUPERANNUATION – Application to set aside consent orders – application dismissed

Legislation: Federal Court Rules 2011 (Cth) r 39.05

Cases cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Harvey v Phillips (1956) 95 CLR 235 Huddersfield Banking Co. Ltd. v Henry Lister & Son Ltd (1895) 2 Ch 273

Date of hearing: 6 July 2017

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 31

Counsel for the Applicant: The Applicant appeared in person

Solicitor for the Second Respondent: Mr M Corkhill, TurksLegal

Counsel for the Third Respondent: Mr G Smith

Solicitor for the Third Respondent: Martin Trisley Lawyers

Counsel for the Fourth Respondent: The Fourth Respondent did not appear

ORDERS NSD 608 of 2015

BETWEEN: KENNETH MATSEN Applicant

AND: SUPERANNUATION COMPLAINTS TRIBUNAL First Respondent

RETAIL EMPLOYEES SUPERANNUATION PTY LIMITED Second Respondent

CHERIE LEE BENNETT Third Respondent

ELIZABETH PEARSALL Fourth Respondent

JUDGE: PERRY J DATE OF ORDER: 6 JULY 2017

THE COURT ORDERS THAT:

1. The applicant's application to set aside the orders made by consent on 29 July 2016 is dismissed. 2. The applicant is to pay the costs of the third respondent as agreed or assessed. 3. There otherwise be no order as to costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.