Hay v Total Risk Management Pty Ltd [2004] NSWSC 94

EQUITY – superannuation trust for employees – contributory fund – discretion of trustee – duties of trustee – duty “to give properly informed consideration” to an application – permanent incapacity for suitable employment – whether part time work in a partnership with the worker’s wife was suitable employment – decision such as no reasonable trustee could have reached – whether court could execute the trust – trustee ordered to consider afresh and report to the court – discussion of principles – CONSTRUCTION OF RULES – whether the expression “services are terminated” required termination unilaterally by employer or includes an acceptance of a redundancy offer by the employee – effect of nature of contributory superannuation scheme on construction of the Rules.