IOPPOLO -v- CONTI [2015] WASCA 45

SUPREME COURT OF WESTERN AUSTRALIA
[2015] WASCA 45
THE COURT OF APPEAL (WA)
N/A
CACV 136/2013
17 OCTOBER 2014
MARTIN CJ
BUSS JA
BEECH J
10/03/2015
Perth
Appeal dismissed
B
ROSARIO ANTONIO IOPPOLO and GRACE SUSAN HESFORD as executors of the estate of the late FRANCESCA CONTI
AUGUSTO CONTI
AUGUSTO INVESTMENTS PTY LTD
Superannuation
Self managed superannuation funds
Whether Superannuation Industry (Supervision) Act 1993 (Cth) mandates appointment of executor of deceased member's estate as trustee upon death of member Trusts
Superannuation
Review of exercise of trustee's discretion
Assertion of lack of bona fides
No evidence
Superannuation Industry (Supervision) Act 1993 (Cth), s 17A, s19, s40, s52, s42A(5)
Trustees Act 1962 (WA), s 77
Finch v Telstra Super Pty Ltd [2010] HCA 36
(2010) 242 CLR 254
Ioppolo & Hesford v Conti [2013] WASC 389
Karger v Paul [1984] VR 161
N/A
Back to List