Sharp v Maritime Super Pty. Limited [2012] NSWC1350
- Recent Decision
- 07 Nov 2012
DEEDS - question of construction of superannuation trust deed - consideration of principles applicable to contractual construction TRUSTS - duty of trustee to determine application by plaintiff - where trustee proceeded on basis of what has now been found to be an incorrect construction of the relevant Rule - whether matter should be remitted to trustee to make determination having regard to proper construction or whether Court should make a determination as to the entitlement claimed - where no evidence that trustee previously acted in bad faith - HELD - matter remitted to trustee for determination