McGann v SAS Trustee Corporation

In McGann v SAS Trustee Corporation, the plaintiff, a former police officer, sought a declaration that he was incapable of performing his duties due to physical and psychological injuries sustained during his service. The defendant, SAS Trustee Corporation, responsible for the administration of superannuation benefits under the Police Regulation (Superannuation) Act 1906, argued against this claim. The case came before the court to determine whether the plaintiff was indeed incapacitated at the time of his resignation and, if so, what the implications were for his entitlements.

The central legal issue was whether the plaintiff was incapable of performing his duties at the time of his resignation, specifically due to post-traumatic stress disorder, chronic anxiety disorder, and a gunshot wound to his left leg. Additionally, the court had to consider the defendant's duty to act honestly when exercising its functions under the relevant legislation. Another significant matter was the impact of the plaintiff's subsequent employment on his claim and whether the defendant's failure to accept the plaintiff's medical evidence warranted a different outcome.

The court found that the plaintiff was indeed incapable of performing his duties due to the aforementioned conditions at the time of his resignation. The court held that the SAS Trustee Corporation had not acted honestly in its consideration of the plaintiff's claim, particularly given the plaintiff's reluctance to complain about his conditions due to the nature of his work. The lack of opportunity to cross-examine the authors of the medical reports did not significantly detract from their reliability, given the expertise of the professionals involved. The court also noted the major traumatic events during the plaintiff's career, which had a substantial impact on his mental and physical health.

Consequently, the court set aside the defendant's decision and substituted its own, finding that the plaintiff was incapable of performing his duties due to the specified infirmities. The defendant was ordered to pay the plaintiff's costs as agreed or assessed.