SAS Trustee Corporation v Budd

The SAS Trustee Corporation appealed to the Court of Appeal of New South Wales against a decision of the District Court which had awarded compensation to Mr Budd, a former police officer, under the *Victims Compensation Act 1987*. The dispute concerned the extent to which Mr Budd was entitled to compensation for injuries sustained in the course of his duty as a police officer, given that he had also received a gratuity under the *Police Regulation (Superannuation) Act 1906*.

The primary legal issues before the Court of Appeal were whether the District Court judge had erred in making a global award of compensation without sufficient regard to the statutory provisions preventing double compensation, and whether the onus of proof had been incorrectly placed regarding the nature of the gratuity payment. Specifically, the court had to consider the construction and application of sections 12D and 12E of the *Police Regulation (Superannuation) Act 1906* in relation to permanent impairment and compensation for pain and suffering.

The Court of Appeal found that there was an evidentiary void due to the absence of a transcript of the District Court judge's reasons, which made it difficult to ascertain the basis of the global award. The court applied the principle that where a payment has been made, it is for the recipient to demonstrate that such payment was not received in compensation for the loss for which they are claiming. The court held that the SAS Trustee Corporation had discharged its onus by showing that a payment (the gratuity) had been made, and it was for Mr Budd to prove that this payment was not in compensation for the injuries sustained. The court concluded that the District Court had failed to properly consider the rule against double compensation.

The appeal was upheld.