Edington v Board of Trustees of the State Public Sector Superannuation Scheme

[2016] QCA 247

Queensland Court of Appeal

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Interrogate

Catchwords

1. Equity
2. › Trusts and Trustees
3. › Superannuation trusts
4. › Trustee's duty to give real and genuine consideration to claims
5. › Duty to make enquiries to properly inform itself
6. › Whether trustee erred in evaluating competing medical opinions
7. › Whether trustee required to make further enquiries of medical practitioners
8. › Superannuation (State Public Sector) Deed 1990 (Qld), ss 84, 86
1. Equity
2. › Trusts and Trustees
3. › Superannuation trusts
4. › Natural justice
5. › Duty to notify claimant of adverse material
6. › Whether trustee breached duty by failing to provide internal submission to claimant
1. Contract
2. › Intention to create contractual relations
3. › Whether intention to be implied
4. › Co-existence with trust relationship
5. › Whether intention to enter contractual relationship should be implied where trustee-beneficiary relationship already exists
1. Equity
2. › Trusts and Trustees
3. › Superannuation trusts
4. › Insurance terms
5. › Pre-existing medical condition exclusion
6. › Whether disablement related to condition that ought reasonably to have been disclosed
7. › Superannuation (State Public Sector) Deed 1990 (Qld), ss 84, 86

Quick Take

A superannuation trustee's duty to make enquiries to properly inform itself does not require further enquiries of medical practitioners where the trustee has substantial information before it and makes a reasoned choice between competing medical opinions. An intention to create contractual relations will not be implied where a trustee-beneficiary relationship already exists and the claimant cannot identify any substantive right or obligation outside the incidents of that trust relationship.