WAREHAM and Anor as trustees of the Swanson Superannuation Fund v MARSELLA

61 VR 262·Tate, McLEISH and Hargrave JJA
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61 VR 262
61 VR 262
WAREHAM and Anor as trustees of the Swanson Superannuation Fund v MARSELLA Court of AppealTate, McLEISH and Hargrave JJA 10 March, 20 April 2020[2020] VSCA 92Trusts and trustees — Superannuation — Self-managed superannuation fund — Death benefit — Dependant — Trustees resolved to pay death benefit to self — Whether trustees exercised discretion upon real and genuine consideration — Bad faith — Evidence from which trustee’s decision-making process to be deduced.

A superannuation fund was established in favour of S. S and her daughter, the first applicant, were the trustees. On the death of S, the first applicant appointed her husband, the second applicant, as a second trustee of the fund.

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