NSW Caselaw
New South Wales Supreme Court
CITATION : Tuftevski v Total Risks Management Pty Ltd [2009] NSWSC 315
HEARING DATE(S) : 22, 23, 24 September 2008, 14, 15 October 2008 (Submissions closed 28 October 2008)
JUDGMENT DATE : 27 April 2009
JUDGMENT OF : Smart AJ
DECISION : See paragraph 184.
CATCHWORDS : Employer - Employee Superannuation Fund - Claim Based on Trust Deed construed according to Victorian law - absence of bona fide inquiry and genuine consideration - Rules of Natural Justice inapplicable - Trustee not disclosing thrust of adverse mateial to employee - no opportunity to meet it - execution of Trust by Court due to behaviour of Trustee - limitations defences rejected - need for law reform - absurdity of using Trust law propounded in former times for different situations in employer/employee relations
Limitation Act 1969 (NSW) LEGISLATION CITED : Limitation of Actions Act 1958 (Vic). Superannuation Industry (Supervision) Act 1993 (Cth)
CATEGORY : Principal judgment
Baker v Local Government Superannuation Scheme Pty Ltd [2007] NSWSC 1173 Flegeltaub v Telstra Super Pty Ltd (3 April 2000), BC 2000 01407 Karger v Paul 1984 VR 161 McPhail & Ors v Doulton & Ors [1971] AC 424 Rapa v Patience (Unreported, NSWSC, 4 April 1985, McLelland J – BC 8500 888) CASES CITED : Sayseng v Kellog Superannuation Pty Ltd & Anor [2003] NSWSC 945 Telstra v Flegeltaub [2000] 2 VR 276 The Crown v McNeil (1932) 31 CLR 76 Tonkin & Ors v Western Mining Corporation Ltd & Anor [1998] WASCA 101 Vidovic v Email Superannuation Pty Ltd (Unreported, NSWSC, 3 March 1995, Bryson J), BC9504297 Williams v The Minister, Aboriginal Land Rights Act 1983 (1994) 35 NSWLR 497
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