BT Funds Management Limited (ACN 002 916 458) as trustee for the Retirement Wrap Superannuation Fund [2022] NSWSC 401

Supreme Court New South Wales

Medium Neutral Citation: BT Funds Management Limited (ACN 002 916 458) as trustee for the Retirement Wrap Superannuation Fund [2022] NSWSC 401 Hearing dates: 22 March 2022 Date of orders: 23 March 2022 Decision date: 22 March 2022 Jurisdiction: Equity - Commercial List Before: Ball J Decision: See paragraph [22] Catchwords: EQUITY — Trusts and trustees — Superannuation funds — Application by trustee for Supreme Court consent pursuant to s 249E of the Crimes Act 1900 (NSW) and similar provisions in other State jurisdictions to receive and give a benefit in the context of a successor fund transfer CIVIL PROCEDURE — Cross-vesting — Supreme Court's power to grant consent under legislation of other States Legislation Cited: Crimes Act 1900 (NSW) Crimes Act 1958 (Vic) Criminal Code Act 1899 (Qld) Criminal Code Act Compilation Act 1913 (WA) Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) Secret Commissions Prohibition Act 1905 (Vic) Secret Commissions Prohibition Act 1919 (NSW) Superannuation Industry (Supervision) Act 1993 (Cth) Cases Cited: Australia City Properties Management Pty Ltd v Owners of Strata Plan No 65111 [2021] NSWCA 162 Baba v Sheehan [2021] NSWCA 58 SZTAL v Minister for Immigration and Border Protection (2017) 262 CLR 362 Texts Cited: Secret Commissions Prohibition Bill (NSW), Second Reading, Hansard, 21 November 1919 Category: Principal judgment Parties: BT Funds Management Limited (ACN 002 916 458) as trustee for the Retirement Wrap Superannuation Fund (Plaintiff) Representation: Counsel: IM Jackman SC with A Smith (Plaintiff)