Williams v Robba

In Williams v Robba, the applicants sought the review of a decision made by the trustees of a self-managed superannuation fund to distribute the residual death benefit. The applicants, who were previously trustees, argued that the trustees had not exercised their discretion in accordance with the terms of the trust deed and sought the Court’s review of the trustees’ decision and that the decision be remitted back to the trustees. The trustees had absolute discretion to distribute the residual death benefit and made inquiries of all the dependants under the fund before deciding to split the benefit equally between two of the dependants. The applicants argued that the trustees had not adequately considered the differing levels of need between the two dependants and had not properly informed themselves before making the decision.

The court examined whether common law principles apply to the review of the trustees’ decision under section 8(1) of the Trusts Act 1973 (Qld), and whether the court can examine the extent of and nature of the inquiries made by the trustees in gathering information for the exercise of their discretion. The court found that the trustees had conducted inquiries of all the dependants and had given real and genuine consideration to the exercise of their discretion. The court held that it was not appropriate to examine the substance of the inquiries made by the trustees, as the trustees had made inquiries of all the dependants and had properly informed themselves before making the decision. The court found that the trustees had exercised real and genuine consideration in making their decision and dismissed the application.

The court held that the decision in Owies was not applicable to the present case, as the trustees had made inquiries of all the dependants and had properly informed themselves before making the decision. The court found that the trustees had exercised real and genuine consideration in making their decision and dismissed the application. The court ordered that the originating application be dismissed and that the active parties be heard in relation to the costs of the proceeding.