SAS Trustee Corporation v Green

The SAS Trustee Corporation (the appellant) appealed a decision of the Supreme Court of New South Wales concerning the entitlement of Mr. Green (the respondent), a former police officer, to an additional amount of superannuation. The dispute centred on the interpretation of section 10(1A)(c) of the *Police Regulation (Superannuation) Act 1906* (NSW), which provides for such an additional amount if a disabled member of the police force 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". The appeal was heard by Macfarlan, Ward and Emmett JJA of the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were: (1) the degree of specificity required in characterising the "risks" to which the respondent was exposed; (2) whether the risks encountered by the respondent were sufficiently exceptional to satisfy the statutory criterion; and (3) whether the additional amount awarded by the trial judge was commensurate with those risks.

The Court of Appeal reasoned that the statutory language did not necessitate a highly specific characterisation of the risks, but rather a consideration of the nature of the employment and the inherent dangers associated with it. It was held that the risks faced by police officers, including the respondent, were indeed of a kind to which members of the general workforce were not normally exposed. The Court found no error in the trial judge's assessment of the risks and the commensurate additional superannuation amount awarded.

Consequently, the appeal was dismissed, and the appellant was ordered to pay the respondent's costs of the appeal.