Cook v Benson

JurisdictionAustralia Federal only
JudgeGleeson CJ,Gummow,Hayne,Heydon JJ,Kirby J
Judgment Date19 June 2003
Neutral Citation[2003] HCA 36,2003-0619 HCA A
CourtHigh Court
Docket NumberM2/2003
Date19 June 2003
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4 cases
3 firm's commentaries
  • Superannuation & Funds Management - What's News - 30 October 2013
    • Australia
    • Mondaq Australia
    • 3 November 2013
    ...- Whether superannuation fund provides valuable consideration in exchange for member or employer contributions - Cook v Benson [2003] HCA 36; (2003) 214 CLR 370 applied - Whether plaintiff has unclean hands - Director breached fiduciary duty but no liability since recipient company had insu......
  • Superannuation Bulletin: Statutory Changes And Refinements Since 1 July
    • Australia
    • Mondaq Australia
    • 26 September 2007
    ...amending section 29DC of SIS. 12 Sections 250 and 251 of the Bill, inserting new sections 29E(1)(ba) and (ea) of SIS. 13 Cook v Benson (2003) HCA 36. 14 Section 116 of the Bankruptcy Act 15 Sections 128B and 128C of the Bankruptcy Legislation Amendment (Superannuation) Contributions Act 200......
  • Insolvency Law In 2007 – Where Are We Headed?
    • Australia
    • Mondaq Australia
    • 9 March 2007
    ...UNCITRAL Model Law', Malayan Law Journal 7 In addition to the Payment Systems and Netting Act 1998 and the Proceeds of Crime Act 2002 8 [2003 HCA 36. In Cook v Benson, the High Court ruled that super entitlements rolled over to other super funds by Mr Benson, who subsequently became bankrup......

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