Griffiths v The Trustees of the Parliamentary Contributory Superannuation Fund

The case of Griffiths v The Trustees of the Parliamentary Contributory Superannuation Fund involved the plaintiff, who was married to a former member of the New South Wales Parliament during his tenure and when he retired, making him eligible for a pension. Upon their divorce, the plaintiff remarried, but later divorced again, and subsequently remarried a third time. However, this third marriage occurred shortly before the former member's death, and the plaintiff has remained unmarried since. The plaintiff sought payment of a pension as the former member's widow under section 23(1) of the Parliamentary Contributory Superannuation Act 1971 (NSW). The central issue before the court was whether the plaintiff qualified for the pension, given the statutory exception in section 23(1), which excludes those who became the spouse or de facto partner of the former member after they became entitled to the pension.

The court had to determine whether the plaintiff fell within the specified exception in section 23(1), which states "(not being a person who became the spouse or de facto partner of the former member after the former member became entitled to that pension)". The court considered whether the term "became" in the exception referred to the point in time when the former member became eligible for the pension or when the pension payments actually began. The court also examined whether the plaintiff's remarriage to the former member shortly before his death meant she fell within the exception, and thus was not entitled to the pension.

The court concluded that the term "became" in the exception referred to the point in time when the former member became eligible for the pension, rather than when the pension payments commenced. Consequently, the plaintiff's remarriage to the former member shortly before his death meant she fell within the exception, and therefore was not entitled to the pension. The court held that the statutory language clearly excluded spouses who became such after the former member's eligibility for the pension, and the plaintiff's remarriage occurred after that eligibility period. As a result, the plaintiff was not entitled to the pension as the former member's widow.

The court's decision resulted in the plaintiff's claim being dismissed, with the Trustees of the Parliamentary Contributory Superannuation Fund not required to pay the plaintiff a pension. The court's reasoning and interpretation of the statutory language in section 23(1) of the Parliamentary Contributory Superannuation Act 1971 (NSW) determined the outcome of the case, and the plaintiff's claim was ultimately unsuccessful.