SAS Trustee Corporation v Patterson

The SAS Trustee Corporation (STC) appealed a decision of the District Court of New South Wales, which had set aside a decision of the STC and substituted its own determination. The dispute concerned Mr. Patterson's entitlement to an additional amount of annual superannuation allowance under the *Police Regulation (Superannuation) Act 1906* (the Act). Mr. Patterson, a disabled member of the police force, claimed this entitlement based on the Act as it stood prior to 30 June 2006.

The primary legal issues before the court were whether Mr. Patterson was entitled to an additional superannuation allowance as a disabled member of the police force, and whether the insertion of section 10(1BA) into the *Police Regulation (Superannuation) Act 1906* by the *Superannuation Legislation Amendment Act 2006* affected any accrued rights Mr. Patterson may have had prior to its commencement. Specifically, the court had to consider if there was a requirement for Mr. Patterson to make an application for payment or if there was a time constraint for such an application prior to 30 June 2006.

The court reasoned that section 10(1A)(b) of the *Police Regulation (Superannuation) Act 1906* provided for an additional amount of annual superannuation allowance for a disabled member of the police force. It found that, as the Act stood before 30 June 2006, there was no requirement for a disabled member to make an application for this payment, nor was there any time limit imposed. The court further held that the insertion of section 10(1BA) by the *Superannuation Legislation Amendment Act 2006* did not have retrospective effect so as to extinguish rights that had already accrued. Applying section 30(1)(c) of the *Interpretation Act 1987*, the court concluded that the amendment should not be construed to affect accrued rights in the absence of a contrary intention.

The appeal was dismissed, and the STC was ordered to pay Mr. Patterson's costs.