| Kidd v The State of
Western Australia (WASCA) - contract - government agreement for construction of hotel
ratified by legislation - appeal dismissed |
| Munro v Munro (QSC) - superannuation
- self-managed fund - death benefit nomination form not binding under trust
deed - declaration refused |
| Dymott v Hall (QSC) - succession -
family provision order in favour of spouse of deceased |
| Summaries With Link (Five Minute Read) |
Kidd
-v- The State of Western Australia
2[2015] WASCA 62
Court of Appeal of Western Australia
Martin CJ; Newnes & Murphy JJA
Contract - planning and development -
statutory interpretation - appellants owned or leased apartments near casino -
appellants objected to third respondent’s proposal to construct and operate
hotel as part of complex pursuant to Minister’s approval but without town planning
or development approval - respondents claimed no other approval required due to
combined effect of governmnet agreement and Casino
(Burswood Island) Agreement Act 1985 (WA) which authorised implementation
of agreement - held: appellants’ propositions rejected on basis they were
contrary to natural and ordinary meaning of words used in Act and agreement -
appeal dismissed.
Kidd
|
Munro
v Munro
[2015] QSC 61
Supreme Court of Queensland
Mullins
Superannuation - trusts and trustees - deceased
survived by wife and two daughters from previous marriage - dispute arose
between wife and daughters concerning benefits under self-managed
superannuation fund - whether deceased’s death benefit nomination had to comply
with requirements of reg 6.17A Superannuation
Industry (Supervision) Regulations 1994 (Cth) - construction of nomination
- Trustee of Deceased’s Estate - held:
reg 6.17A did not apply to fund - nomination form did not comply with clauses
of trust deed or reg 6.22 SIS Regulations, as the nomination was of neither his
executors or one or more Nominated Dependants - nomination form not binding for
purpose of trust deed - daughters refused declaration that nomination form was a
binding death benefit nomination under trust deed.
Munro
|
Dymott
v Hall
[2015] QSC 58
Supreme Court of Queensland
Atkinson J
Succession - applicant and deceased
married late in deceased’s life - applicant sought family provision order in
respect of deceased’s estate - deceased had left applicant only furniture and
personal effects - deceased left respondent son in law residential property which
was subject of lease to applicant - s41(1) Succession
Act 1981 (Qld) - held: Court satisfied applicant left without adequate
provision for proper maintenance and support in life - provision order made.
Dymott
|
