SAS Trustee Corporation v Green

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

SAS Trustee Corporation v Green [2014] NSWCA 289

Hearing dates:

28/07/2014

Decision date:

28 August 2014

Before:

Macfarlan JA at [1];
Ward JA at [2];
Emmett JA at [3]

Decision:

1 Appeal dismissed.

2 The appellant pay the respondent's costs of the appeal.

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

Catchwords:

SUPERANNUATION - additional amount payable to a disabled member of the police force who was required to be exposed to "risks to which members of the general workforce would normally not be required to be exposed in the course of their employment" - construction of s 10(1A)(c) of the Police Regulation (Superannuation) Act 1906 (NSW) - degree of specificity with which "risks" should be characterised - whether the risks to which the respondent was exposed were sufficiently exceptional - whether the additional amount awarded by the trial judge was commensurate with those risks

Legislation Cited:

District Court Act 1973 (NSW), s 142N
Police Regulation (Superannuation) Act 1906 (NSW), ss 1, 3, 10(1A), 10B, 21
Workers Compensation Act 1987 (NSW)

Cases Cited:

Nil

Texts Cited:

Macquarie Dictionary (6th ed, 2013)
New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 16 October 1979

Category:

Principal judgment

Parties:

SAS Trustee Corporation (Appellant)
Elizabeth Green (Respondent)

Representation:

Counsel:
R Perrignon (Appellant)
I Roberts SC with M Hammond (Respondent)
Solicitors:
SAS Trustee Corporation (Appellant)
Harris Wheeler Lawyers (Respondent)

File Number(s):

2013/288014

Publication restriction:

Nil

 Decision under appeal 

Citation:

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

Date of Decision:

2013-08-28 00:00:00

Before:

Neilson DCJ

File Number(s):

669/2012

Judgment

1. MACFARLAN JA: I agree with Emmett JA.

1. WARD JA: I agree with Emmett JA.

1. EMMETT JA: This appeal is concerned with the construction of s 10(1A)(c) of the Police Regulation (Superannuation) Act 1906 (NSW) (the Superannuation Act). Section 10(1A) is concerned with the calculation of an additional amount of annual superannuation allowance payable to a disabled member of the police force who was required to be exposed to "risks to which members of the general workforce would normally not be required to be exposed in the course of their employment".

1. Such an amount is payable from the Police Superannuation Fund (the Fund), which was established by s 3 of the Superannuation Act. The appellant, SAS Trustee Corporation (the Trustee), is the trustee of the Fund. The respondent, Ms Elizabeth Green, was a member of the police force who was injured in the course of her employment. A dispute has arisen between Ms Green and the Trustee concerning Ms Green's entitlement to an additional amount of superannuation allowance as a result of the injuries…