SUPERANNUATION – application to review decision of the Superannuation Complaints Tribunal affirming Trustee’s decision to distribute entire death benefit from superannuation fund to deceased member’s wife instead of to deceased’s estate – whether Tribunal made decision according to law – whether no-evidence before Tribunal to sustain finding that deceased member had made a Preferred Nomination – where Tribunal did not overlook computer generated record of Preferred Nomination – where it was not in dispute before Tribunal that a Preferred Nomination had been made – whether Tribunal’s decision was legally unreasonable or irrational or illogical – where Trustee conferred a discretion under Trust Deed Rules to not give effect to deceased member’s intention – where siblings were not financially dependent on deceased member – where wife was a dependant at time of deceased member’s death – where cultural and customary factors may establish a dependency relationship – where it was fair and reasonable for Tribunal to accept Trustee’s decision to distribute entire death benefit to wife – appeal dismissed.

Michael Collins appeared for the Second Respondent.

Reasons for the decision can be found here.