Motor Trades Association of Australia Superannuation Fund Pty Ltd v Rickus [2007] FCA 1878

Motor Trades Association of Australia Superannuation Fund Pty Ltd v Rickus [2007] FCA 1878

The Applicants' conduct in repeatedly amending pleadings and advancing then abandoning reliance on fiduciary duty constitutes special or unusual features justifying indemnity costs to the First Respondent. APRA, having intervened under s 320 of the Superannuation Industry (Supervision) Act 1993 (Cth) and incurred costs for an aborted hearing, is entitled to its costs. No gross sum assessment is warranted without adequate evidence.

Parties
First Applicant: Motor Trades Association of Australia Superannuation Fund Pty Ltd; Second Applicant: MTAA Superannuation Fund (Director Co) Pty Ltd; First Respondent: John Rickus; Second Respondent: Australian Prudential Regulation Authority
Jurisdiction
Australia
Judgment Date
26 November 2007
Procedural Posture
Civil / Interlocutory Orders and Costs Determination
Outcome
Interlocutory judgment on costs and amendment procedure; proceedings stood over for later hearing.
Legal Topics
Fiduciary Duties, Agency, Intervention by Statutory Authorities, Costs Orders, Pleading Amendments
Corporations Law Superannuation Civil Procedure Fiduciary Duties Agency Intervention by Statutory Authorities Costs Orders Pleading Amendments

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Parties

Motor Trades Association of Australia Superannuation Fund Pty Ltd

First Applicant

MTAA Superannuation Fund (Director Co) Pty Ltd

Second Applicant

John Rickus

First Respondent

Australian Prudential Regulation Authority

Second Respondent

Procedural Posture

Civil / Interlocutory Orders and Costs Determination

Legal Issues

  1. 1 Whether First Respondent owed fiduciary duties or duties as agent to Applicants regarding dealings with APRA
  2. 2 Appropriateness and timing of costs orders including indemnity costs and costs paid forthwith
  3. 3 Entitlement of APRA, as statutory intervenor, to costs for aborted hearing

Ratio Decidendi

The Applicants' conduct in repeatedly amending pleadings and advancing then abandoning reliance on fiduciary duty constitutes special or unusual features justifying indemnity costs to the First Respondent. APRA, having intervened under s 320 of the Superannuation Industry (Supervision) Act 1993 (Cth) and incurred costs for an aborted hearing, is entitled to its costs. No gross sum assessment is warranted without adequate evidence.

Court Disposition

Interlocutory judgment on costs and amendment procedure; proceedings stood over for later hearing.

Orders

  • First Applicant to pay taxed costs of First Respondent forthwith pursuant to Federal Court Rules 1979 (Cth) O 62 r 3(1).
  • Costs of First Respondent to be paid by First Applicant on an indemnity basis.