Gilberg v Maritime Super Pty Ltd [2009] NSWCA 325

TRUSTS AND TRUSTEES – Superannuation trust – Entitlement to benefit – Rules requiring supporting reports from medical practitioners – Non-satisfaction of requirement and rejection of claim – Whether trustee has power to consider a further claim by the same member – What is the duty of the trustee when a further claim is made – Whether that duty was breached – Whether relief should be granted. 

Decision:

(1) Appeal allowed.
(2) Orders of primary judge set aside.
(3) Order that the respondent consider the appellant’s application to reopen his claim under Rule 17 in accordance with these reasons.
(4) Respondent to provide within seven days any submissions to the effect that the ordinary result as to costs should not follow either at first instance or on appeal, and the appellant to provide submissions in response within a further seven days.