Compensation Lawyer News & Articles

Hay v Total Risk Management Pty Ltd [2004] NSWSC 94

  • News
  • 27 Apr 2009

EQUITY - superannuation trust for employees - contributory fund - discretion of trustee - duties of trustee - duty "to give properly informed consideration" to an application - permanent incapacity for suitable employment - whether part time work in a partnership with the worker's wife was suitable employment - decision such as no reasonable trustee could have reached - whether court could execute the trust - trustee ordered to consider afresh and report to the court - discussion of principles - CONSTRUCTION OF RULES - whether the expression "services are terminated" required termination unilaterally by employer or includes an acceptance of a redundancy offer by the employee - effect of nature of contributory superannuation scheme on construction of the Rules.

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