Green v State Super SAS Trustee Corporation - [2013] NSWDC 200

District Court

New South Wales

Medium Neutral Citation: Green v State Super SAS Trustee Corporation [2013] NSWDC 200
Hearing dates: 23, 28 August 2013
Decision date: 28 August 2013
Before: Neilson DCJ
Decision:
I set aside the decision of the defendant made on 25 October 2012 and I determine that the plaintiff's pension be increased to 92.5% of the attributed salary of her office by reason of the fact that she was exposed to risks to which members of the general workforce would not normally be required to be exposed in the course of their employment
I order the defendant to pay the plaintiff's costs.

Catchwords: POLICE - Member of NSW Mounted Police Section (the Mounties) injured when she fell from horse during training - PSAC certified disabled member incapable of performing duties of office on account of two specified infirmities - Infirmities caused by being HOD - Disabled member resigned from police force - Disabled member totally incapacitated for work outside police force - Special risk benefit
Legislation Cited: Police Regulation (Superannuation) Act 1906
Workers Compensation Act 1987
Cases Cited: Conway v SAS Trustee Corporation [2012] NSWDC 249; 11 DDCR 232
Grech v Commissioner of Police [2004] 1 DDCR 242
Tanks v SAS Trustee Corporation (NSWDC RJ894/03 Neilson DCJ, 1 September 2004, unreported)
Thoms v SAS Trustee Corporation (NSWCC No. 7721/98 Geraghty CCJ, 5 July 1999, unreported)
Walsh v SAS Trustee Corporation (2004) 1 DDCR 438
Category: Principal judgment
Parties: Elizabeth Green (Plaintiff)
State Super SAS Trustee Corporation (Defendant)
Representation: Mr T Ower (Plaintiff)
Mr R Perrignon (Defendant)
Harris Wheeler Lawyers (Plaintiff)
Rod Blume (Defendant)

File Number(s): RJ669/12

Judgment

The plaintiff, Ms Elizabeth Green of Lower Southgate via Grafton, is a former constable of police. She was attested as a probationary constable of police on 26 October 1984 and thereupon become a contributor to the Police Superannuation Fund established under the Police Regulation (Superannuation) Act 1906 (the Act).

For the first 20 months of her service with the New South Wales Police the plaintiff performed uniformed duties at both The Rocks Police Station and at Kings Cross Police Station. She then joined the New South Wales Mounted Police Section, commonly referred to as the "Mounties". She joined the Mounties in approximately mid-1986.

The plaintiff was injured on 8 June 1988 when she fell from a horse during training at Centennial Park. Essentially, the plaintiff injured her head, her neck and her right shoulder. She was unconscious for some time and was taken by a police vehicle to St Vincent's Hospital where she was admitted. She was released from the hospital on 11 June 1988. She eventually returned to restricted duties with the Mounties, essentially only doing clerical work, and was not involved in riding any horses. She was then transferred to the Hornsby Police Station where she carried out community relations work, such as lecturing at schools. She then became pregnant and took maternity leave, but, rather than returning to duty after her maternity leave, she resigned on…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Keep reading for free

Create a free CaseChat account to read Green v State Super SAS Trustee Corporation and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2013] NSWDC 200
Decision Date: 28 August 2013

CaseChat Overview and Summary

In the case of Green v State Super SAS Trustee Corporation, the plaintiff, a former member of the NSW Mounted Police Section, sought an increase in her pension on the grounds that she was injured during training when she fell from her horse. The plaintiff was subsequently certified as disabled and resigned from the police force due to her incapacity to perform her duties. The dispute centred on whether the plaintiff was entitled to an increased pension under the Special Risk Benefit scheme, considering her injuries were sustained in the course of her employment. The case was heard and determined by the NSW Supreme Court.

The primary legal issues the court had to address were whether the plaintiff's infirmities were directly caused by the incident in which she fell from her horse during training and whether these infirmities rendered her incapable of performing her duties. Furthermore, the court needed to decide if these infirmities qualified her for the Special Risk Benefit, which would entitle her to an increased pension. The court also had to consider whether the plaintiff was totally incapacitated for work outside the police force, which was a prerequisite for the benefit.

The court found that the plaintiff's infirmities were indeed caused by the incident during training, and these infirmities were the primary reason for her inability to perform her duties. The court concluded that the plaintiff met the criteria for the Special Risk Benefit. The court held that the plaintiff was totally incapacitated for work outside the police force, and therefore, entitled to the increased pension. The court set aside the defendant's decision made on 25 October 2012 and ordered that the plaintiff's pension be increased to 92.5% of the attributed salary of her office. Additionally, the court ordered the defendant to pay the plaintiff's costs.

Orders

Orders of the court

I set aside the decision of the defendant made on 25 October 2012 and I determine that the plaintiff's pension be increased to 92.5% of the attributed salary of her office by reason of the fact that she was exposed to risks to which members of the general workforce would not normally be required to be exposed in the course of their employment

I order the defendant to pay the plaintiff's costs.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	Green v State Super SAS Trustee Corporation [2013] NSWDC 200
Hearing dates:	23, 28 August 2013
Decision date:	28 August 2013
Before:	Neilson DCJ
Decision:	I set aside the decision of the defendant made on 25 October 2012 and I determine that the plaintiff's pension be increased to 92.5% of the attributed salary of her office by reason of the fact that she was exposed to risks to which members of the general workforce would not normally be required to be exposed in the course of their employment I order the defendant to pay the plaintiff's costs.
Catchwords:	POLICE - Member of NSW Mounted Police Section (the Mounties) injured when she fell from horse during training - PSAC certified disabled member incapable of performing duties of office on account of two specified infirmities - Infirmities caused by being HOD - Disabled member resigned from police force - Disabled member totally incapacitated for work outside police force - Special risk benefit
Legislation Cited:	Police Regulation (Superannuation) Act 1906 Workers Compensation Act 1987
Cases Cited:	Conway v SAS Trustee Corporation [2012] NSWDC 249; 11 DDCR 232 Grech v Commissioner of Police [2004] 1 DDCR 242 Tanks v SAS Trustee Corporation (NSWDC RJ894/03 Neilson DCJ, 1 September 2004, unreported) Thoms v SAS Trustee Corporation (NSWCC No. 7721/98 Geraghty CCJ, 5 July 1999, unreported) Walsh v SAS Trustee Corporation (2004) 1 DDCR 438
Category:	Principal judgment
Parties:	Elizabeth Green (Plaintiff) State Super SAS Trustee Corporation (Defendant)
Representation:	Mr T Ower (Plaintiff) Mr R Perrignon (Defendant) Harris Wheeler Lawyers (Plaintiff) Rod Blume (Defendant)
File Number(s):	RJ669/12