Cantor Management Services Pty Ltd v Booth [2017] SASCFC 122 - HLD Law

Mar 01 2022

Cantor Management Services Pty Ltd v Booth [2017] SASCFC 122

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Malcolm Cantor was the sole member of the Cantor Management Superannuation Fund which was established on the 8^th of October 2010. Cantor Management Services Pty Ltd (CMS) was the corporate trustee. CMS had a registered office at Doyle Timms Accountants who were the accountants for Mr Cantor and received a BDBN in 2012 in favour of his siblings.
The executor of Cantor’s Will was his cousin Dr Susan Booth. The matter was on appeal from the supreme court regarding whether the Trustee was bound by the BDBN which she contended that it had not been properly given to the trustee in accordance with the Deed. The BDBN had been delivered to the Doyle Timms Accountants and she had not properly received it. The court held that the BDBN was required to be properly given to the trustee in order for the BDBN to be effective. However, given that the corporate trustee’s registered office was at the accountant’s office, pursuant to section 109X of the Corporations Act which states that,
- “for the purposes of any law, a document may be served on a company by: (a) leaving it at, or posting it to, the company’s registered office” the court held the requirement had been satisfied.
Whilst any corporate trustees do often have their offices registered at their accountant’s office, it is difficult to say whether the delivery there was a matter of luck or skill, in either case, it would be prudent for practitioners to check the registered office of any corporate trustee by an ASIC Search or otherwise obtain the driver’s licences of individual trustee to ensure proper service.

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