Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Genikas v Statewide Superannuation Trust [2007] FCA 1049 Superannuation (Resolution of Complaints) Act 1993 (Cth) Briffa v Hay (1997) 75 FCR 428 cited National Mutual Life Association of Australia Ltd v Campbell (2000) 99 FCR 562 cited Cullinane v Mercer Benefit Nominees Ltd (2006) 152 FCR 1 cited Croft v Minister for Health (1983) 45 ALR 449 cited Mendoza v Minister for Immigration, Local Government and Ethnic Affairs (1991) 31 FCR 405 cited Stead v State Government Insurance Commission (1986) 161 CLR 141 cited Turner v Official Trustee in Bankruptcy (1996) 71 FCR 418 at 420 cited Sommer v NM Superannuation Pty Ltd [2001] FCA 923 cited Miller v Cameron (1936) 54 CLR 572 cited Re Estate of Roberts (1983) 20 NTR 13 cited Re Henderson [1940] Ch 764 cited Re Grace [1955] QWN 81 cited
ROLAND EDWARD GENIKAS v STATEWIDE SUPERANNUATION TRUST SAD 278 OF 2006
MANSFIELD J
17 JULY 2007
ADELAIDE
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 278 OF 2006
ON APPEAL FROM THE SUPERANNUATION COMPLAINTS TRIBUNAL CONSTITUTED BY
BETWEEN: ROLAND EDWARD GENIKAS
Appellant
AND: STATEWIDE SUPERANNUATION TRUST
Respondent
JUDGE: MANSFIELD J DATE OF ORDER: 17 JULY 2007
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT:
1. The appeal be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 278 OF 2006
ON APPEAL FROM THE SUPERANNUATION COMPLAINTS TRIBUNAL CONSTITUTED BY
BETWEEN: ROLAND EDWARD GENIKAS
Appellant
AND: STATEWIDE SUPERANNUATION TRUST
Respondent
JUDGE: MANSFIELD J
DATE: 17 JULY 2007
PLACE: ADELAIDE
REASONS FOR JUDGMENT
INTRODUCTION 1 Roland Genikas (Mr Genikas) appeals under s 46 of the Superannuation (Resolution of Complaints) Act 1993 (Cth) (the Act) on a question of law from a determination of the Superannuation Complaints Tribunal. 2 On 24 November 2006 the Tribunal affirmed the decision of 30 September 2005 of the Trustee (the Trustee) of the Trust Deed of the Statewide Superannuation Trust (SST) to pay the benefit payable by SST on the death of Rachael Appleby (Ms Appleby) to Nathan Genikas (Nathan) to be held on his behalf on trust by Public Trustee for South Australia (Public Trustee) until reaching the age of 18 years. The amount of that benefit is about $106,000 (the SST benefit). The concern of Mr Genikas was that Public Trustee, rather than himself, was the trustee of the SST benefit. (I should note that the decision of the Trustee was made by a delegate of the Trustee, but nothing turns upon that and it is convenient to refer to the Trustee in the course of these reasons).
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