Beck v Colonial Staff Super Pty Ltd & Ors [2015] NSWSC 723

Supreme Court New South Wales

Medium Neutral Citation: Beck v Colonial Staff Super Pty Ltd & Ors [2015] NSWSC 723 Hearing dates: 7, 21 & 22 August 2014 and supplementary written submissions on 14 September 2014. Date of orders: 06 July 2015 Decision date: 06 July 2015 Jurisdiction: Common Law Before: Slattery J Decision: See paragraphs [380] to [382] of judgment. Catchwords: SUPERANNUATION – change to superannuation deed to delete rule granting discretion to confer long service retirement benefits – consideration of power to amend trust deeds of regulated superannuation funds –whether rule change contrary to interests of members at general law – whether rule change in breach of the Superannuation Industry Supervision Act (Cth) 1993 – consideration of scope of superannuation fund trustees' discretion – actuarial expert evidence.

CONTRACT – consideration of principles of construction of superannuation fund deeds – consideration of duties of good faith in contracts of employment.

EQUITY – equitable estoppel – where representation made that power of termination in employment contract would not be exercised without good cause – unconscionable conduct. Legislation Cited: Choice of Law (Limitation Periods) Act 1993 (NSW) Limitation of Actions Act 1958 (VIC) Limitation Act, 1969 (NSW) Superannuation Industry Supervision Act (Cth) 1993 Superannuation Industry (Supervision) Regulations 1994 Uniform Civil Procedure Rule ("UCPR") 2005 Cases Cited: SUPERANNUATION – change to superannuation deed to delete rule granting discretion to confer long service retirement benefits – consideration of power to amend trust deeds of regulated superannuation funds –whether rule change contrary to interests of members at general law – whether rule change in breach of the Superannuation Industry Supervision Act (Cth) 1993 – consideration of scope of superannuation fund trustees' discretion – actuarial expert evidence.