Collins v AMP Superannuation Ltd [2000] FCA 1110

Collins v AMP Superannuation Ltd [2000] FCA 1110

The application for extension of time was dismissed because there were no reasonable prospects of success in the proposed appeal. Merkel J's construction of the plan and the Superannuation (Resolution of Complaints) Act was correct, and the matter raised issues already determined and subject to issue estoppel. There was no basis for disqualification of Sackville and Kenny JJ as they held no direct pecuniary interest in any party to the proceeding and no reasonable apprehension of bias could arise.

Parties
Applicant: Kimberley Ellen Collins; Applicant: Emma Maria Collins; First Respondent: AMP Superannuation Limited, the Trustee of the Maritime Officers Superannuation Fund; Second Respondent: Justin Collins; Second Respondent: Nicholas Collins
Jurisdiction
Australia
Judgment Date
07 August 2000
Procedural Posture
Application for Extension of Time to Appeal / Decision on Extension of Time and Disqualification Application
Outcome
application for extension of time dismissed; disqualification application refused
Legal Topics
Extension of Time to Appeal, Standing to Complain Under Superannuation Legislation, Reasonable Apprehension of Bias in Judges, Issue Estoppel
Practice and Procedure Superannuation Judicial Bias Extension of Time to Appeal Standing to Complain Under Superannuation Legislation Reasonable Apprehension of Bias in Judges Issue Estoppel

Case Brief

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Parties

Kimberley Ellen Collins

Applicant

Emma Maria Collins

Applicant

AMP Superannuation Limited, the Trustee of the Maritime Officers Superannuation Fund

First Respondent

Justin Collins

Second Respondent

Nicholas Collins

Second Respondent

Procedural Posture

Application for Extension of Time to Appeal / Decision on Extension of Time and Disqualification Application

Legal Issues

  1. 1 Whether extension of time to file and serve notice of appeal should be granted
  2. 2 Whether there are prospects of success in appeal
  3. 3 Whether judges owning shares in parent company of respondent trustee should be disqualified for reasonable apprehension of bias

Ratio Decidendi

The application for extension of time was dismissed because there were no reasonable prospects of success in the proposed appeal. Merkel J's construction of the plan and the Superannuation (Resolution of Complaints) Act was correct, and the matter raised issues already determined and subject to issue estoppel. There was no basis for disqualification of Sackville and Kenny JJ as they held no direct pecuniary interest in any party to the proceeding and no reasonable apprehension of bias could arise.

Court Disposition

application for extension of time dismissed; disqualification application refused

Orders

  • The application for an extension of time be dismissed.
  • The applicants pay the costs of the first and second respondents.