Shane Monks appeared for the applicant, instructed by Muir Legal.
The applicants in this proceeding sought a review and directions by the Court pursuant to sections 8(1) and 94(1) of the Trusts Act 1973 (Qld) in respect of a determination made by the trustees of a superannuation fund. That determination was to pay 50% of the residual death benefit of the deceased under the fund to the deceased’s second wife and the balance of the residual death benefit to one of the deceased’s children, in circumstances where the trust deed conferred upon the trustees an absolute discretion to pay out the death benefit to one or more of the deceased’s dependants.
The applicants submitted that the determination should be reviewed, set aside and remitted to the trustees because the trustees failed to exercise real and genuine consideration in making it, specifically by failing to properly consider the greater needs of the deceased’s son in comparison to the deceased’s second wife. Ultimately, Hindman J held that there was no lack of real and genuine consideration given by the trustees in making the determination, meaning there were no proper grounds upon which the court could review it. The originating application was accordingly dismissed.
The judgment can be read by clicking here
