SUPREME COURT OF QUEENSLAND
CITATION:
McIntosh v McIntosh [2014] QSC 99
PARTIES:
ELIZABETH JOY McINTOSH
(applicant)
v
JOHN McINTOSH
(respondent)
FILE NO/S:
SC 8510/13
DIVISION:
Trial
PROCEEDING:
Application
ORIGINATING COURT:
Supreme Court of Queensland
DELIVERED ON:
16 May 2014
DELIVERED AT:
Brisbane
HEARING DATE:
23 April 2014
JUDGE:
Atkinson J
ORDER:
The applicant is required to account to the estate of James Joseph McIntosh deceased for the superannuation benefits referred to in paragraph 40 of the affidavit of Elizabeth Joy McIntosh filed on 26 March 2014.
CATCHWORDS:
SUCCESSION – PERSONAL REPRESENTATIVES – RIGHTS, POWERS AND DUTIES – GETTING IN AND REALISING THE ESTATE – where the son of the applicant and respondent died intestate – where the applicant was appointed as administrator of the estate – where the applicant sought the payment of superannuation death benefits to herself personally – whether the applicant was in breach of her duty under s 52 of the Succession Act 1981 (Qld) to get in the assets of the estate
EQUITY – GENERAL PRINCIPLES – FIDUCIARY OBLIGATIONS – FIDUCIARY DUTY – ACCOUNT FOR BENEFITS GAINED – where the applicant administrator sought the payment of superannuation death benefits to herself personally – whether the applicant breached her fiduciary duty not to allow a conflict of personal interest and duty to occur – whether the applicant should be brought to account for the superannuation benefits
Succession Act 1981 (Qld), s 6, s 31, s 50, s 52, s 55A
Superannuation Industry (Supervision) Act 1993 (Cth), s 10, s 10A
Superannuation Industry (Supervision) Regulations 1994 (Cth), reg 6.22
Trusts Act 1973 (Qld), s 96
Uniform Civil Procedure Rules 1999 (Qld), r 610Armitage v Nurse [1998] Ch 241, cited
Bath v British & Malayan Trustees Ltd [1969] 2 NSWR 114, cited
Breen v Williams (1996) 186 CLR 71, cited
Bristol and West Building Society v Mothew [1998] Ch 1, cited
Butler v Meriga [1904] St R Qd 248, cited
Calvo v Sweeney [2009] NSWSC 719, cited
Guazzini v Pateson (1918) 18 SR (NSW) 275, cited
In re Danish Bacon Co [1971] 1 WLR 248, cited
In the Goods of Loveday [1900] P 154, cited
Mordecai v Mordecai (1988) 12 NSWLR 58, cited
Rankine v Rankine [1998] QSC 48, cited
Re Hayes’ Will Trusts [1971] 1 WLR 758, cited
Sargeant v National Westminster Bank PLC (1991) 61 P & CR 518, cited
Williams v Federal Commissioner of Taxation (1950) 81 CLR 359, citedCOUNSEL:
D B Fraser QC with R T Whiteford for the applicant
D J Morgan for the respondentSOLICITORS:
Hillhouse Borough McKeown for the applicant
Gleeson Lawyers for the respondent
This decision deals with an area of the law which has growing practical importance in view of the growth of personal superannuation: how should the legal personal representative of a deceased person deal with the entitlement to payment of the deceased person's superannuation upon death. As can be seen from this case, the amount invested in superannuation…
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- AGLC
- McIntosh v McIntosh [2014] QSC 99
- Case
- [2014] QSC 99
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether Elizabeth, as the administrator, was entitled to the superannuation death benefits for her personal benefit rather than for the estate. The court examined the fiduciary obligations and duties of an administrator under the Succession Act and common law principles. It was necessary to determine if Elizabeth's actions constituted a breach of her fiduciary duty, particularly by not preventing a conflict between her personal interest and her duty as an administrator. The court also needed to assess whether Elizabeth should be required to account for the benefits she had already received.
The court found that Elizabeth had breached her duty under s 52 of the Succession Act by not obtaining the superannuation death benefits for the estate. She had acted in a way that conflicted with her fiduciary duty, as she allowed her personal interest to interfere with her duty as an administrator. The court held that Elizabeth was required to account for the superannuation benefits she had received for her personal use. The court ordered that Elizabeth must account to the estate for the superannuation benefits she had improperly obtained for herself. This decision ensures that the estate receives the benefits that were rightfully intended for it, upholding the integrity of the administration process.
Orders
Orders of the court
The applicant is required to account to the estate of James Joseph McIntosh deceased for the superannuation benefits referred to in paragraph 40 of the affidavit of Elizabeth Joy McIntosh filed on 26 March 2014.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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