In the matter of Employees of BHP Mutual Benefits Fund [2013] NSWSC 1497

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Employees of BHP Mutual Benefits Fund [2013] NSWSC 1497 Hearing dates: 30 September 2013 Decision date: 15 October 2013 Jurisdiction: Equity Division Before: Windeyer AJ Decision: Association wound up. Liquidator appointed. Trustee excused for breaches. Catchwords: Associations - unincorporated associations - winding up - whether Fund a Part 5.7 body - whether Court has power to order winding up - where fund not incorporated - where no power in Rules for voluntary winding up - whether distribution to members should be on an equal or proportionate basis - Corporations Act 2001 (Cth), Pt 5.7, ss 9, 583.

Trustees - breach of trust - excusing breach - where no claim by beneficiary for breach - where trustee paid funds to himself out of Fund without Court authorisation - Trustees Act 1925, s 85. Legislation Cited: Corporations Act 2001 (Cth) Trustee Act 1925 Cases Cited: Australian Securities and Investments Commission v Commercial Nominees of Australia Limited (2002) 42 ACSR 240 In re GKN Bolts & Nuts Limited (Automotive Division) Birmingham Works Sports and Social Club [1982] 1 WLR 774 Re David Jones Mutual Aid Society (1984) 9 ACLR 130 In re Sick and Funeral Society of St John's Sunday School, Golcar [1973] Ch 51 Category: Principal judgment Parties: Lance John Jenkins (Plaintiff) Representation: Counsel: D Barlin/I Sethi (Plaintiff) Solicitors: Kells (Plaintiff) File Number(s): 2013/93552