Johnson v SAS Trustee Corporation

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:

Johnson v SAS Trustee Corporation [2019] NSWDC 925

Hearing dates:

4-8 November 2019

Date of orders:

8 November 2019

Decision date:

08 November 2019

Jurisdiction:

Civil

Before:

Neilson DCJ

Decision:

Confirm Decision of the Defendant

Catchwords:

POLICE SUPERANNUATION

P was a member of NSW Police from 19 December 1986 until he resigned on 28 August 2002. He made an application to D for a Hurt on Duty (HOD) superannuation allowance on 17 October 2016, 14 years later. On 28 February 2018, D determined that P had not given notice to Commissioner of Police (COP) of the injury giving rise to the claimed infirmities of chronic PTSD and major depression. P asked the Court to make a different determination of that issue and to find that at the time of his resignation P was suffering from the infirmities alleged. Held: Court could only determine the first issue but not the second. The second issue had not been decided by D and the Court could only make a determination to either confirm or set aside a prior decision of D. Obiter: it is preferable for D to determine both issues at the one time.

Legislation Cited:

Police Regulation (Superannuation) Act 1906

Workers Compensation Act 1987

Workmen’s Compensation Act 1925 (UK)

Workplace Injury Management Act and Workers Compensation Act 1998

Cases Cited:

Fenton v Thorley [1903] AC443; (1903) 5WCC1

Lyons v Master Builders Association of New South Wales Pty Ltd (2003) 25 NSWCCR 422

Page v Commissioner of Police (No 2) [2012] NSWDC 137

SAS Trustee Corporation v Woollard [2014] NSWCA 75

Zinc Corporation Limited v Scarce (1995) 12 NSWCCR 566

Category:

Principal judgment

Parties:

Russell Leigh Johnson – Plaintiff
SAS Trustee Corporation – Defendant

Representation:

Counsel:
P. O’Rourke – Plaintiff
T. Ower – Defendant

File Number(s):

RJ55/19

Publication restriction:

Nil.

Judgment

1. HIS HONOUR: The plaintiff is a former senior constable of police. He was attested as a probationary constable of police on 19 December 1986, and thereupon became a contributor to the Police Superannuation Fund established by the Police Regulation (Superannuation) Act 1906 ("the Act"). He was attested as a constable of police on 19 December 1987. On 19 December 1991 he was appointed as a constable first class. In June 1995 he was appointed as a senior constable of police, although the evidence does not establish the exact date of that appointment. On 30 July 2002 the plaintiff submitted his resignation from the New South Wales Police Force. That resignation came into effect on 28 August 2002. On 17 October 2016, 14 years after he submitted his resignation from the Police Force, the plaintiff made an application to the defendant for a superannuation allowance under the Act.

2. A copy of the Application for a Hurt On Duty Pension by the plaintiff is exhibit TT. The plaintiff was asked what medical conditions causing incapacity for police duties were claimed. The plaintiff provided two medical conditions. They are chronic post-traumatic stress disorder…