23 Nov 2009
SHEARER V AUSTIN AND ORS HC WN CIV-2008-485-2754
- Citation
- openlaw-70614ffc_b352_432e_9234_a4c8a1fc1bdb.pdf
- Court
- High Court
The Court held that the trust deed must be read purposively so that a continuing incapacity which would have caused absence for the qualifying period cannot be defeated by an unlawful termination; the termination of the adviser agreement was procedurally unfair and in breach of the contractual duty of fair dealing; accordingly the trustees erred in concluding plaintiff was not 'Disabled' and must reconsider entitlement in light of this declaration and independently of Axa.