Cantor Management Services Pty Ltd v Booth

Cantor Management Services Pty Ltd (CMS) appealed a decision concerning the validity of a 2012 Binding Death Benefit Nomination (BDBN) made by Dr Booth. The dispute centred on whether Dr Booth had effectively "given" the BDBN to CMS, as required by the relevant Fund Deed, to ensure it had legal effect. The appeal was heard by the Full Court of the Supreme Court of South Australia, comprising Kourakis CJ, Peek J, and Nicholson J.

The primary legal issue before the Full Court was whether the BDBN executed by Dr Booth in 2012 was validly "given" to CMS in accordance with the terms of the Fund Deed. This required the court to determine the meaning of the word "give" in the context of the Deed and whether Dr Booth's actions satisfied this requirement, even if he did not undertake a further explicit act to formally deliver the document to CMS after its execution.

The Court reasoned that Dr Booth did not need to prove a specific, further act to enliven the BDBN. Instead, it was sufficient to infer his intention for the BDBN to have effect from the circumstances of its execution. By executing the BDBN and leaving it with his accountants, who he knew also acted for CMS, the Court inferred that he intended it to be given to CMS. The Court held that the word "give" in the Fund Deed did not necessitate a ritualistic process or a specific direction to transfer the document internally between the accountants' roles. The BDBN was therefore considered to have been validly given to CMS.

The appeal was dismissed, with all members of the Court agreeing with the reasons provided by the Chief Justice.