SAS Trustee Corporation v Rayment

The SAS Trustee Corporation (the appellant) appealed to the Supreme Court of New South Wales from a decision of the Compensation Court. The dispute concerned whether a claimant, Mr. Rayment, who had received compensation for an injury under the *Victims Compensation Act 1987* (NSW), was disentitled from receiving a "gratuity" for medical expenses under section 12E(1) of the *Police Regulation (Superannuation) Act 1906* (NSW).

The central legal issue before the Supreme Court was the interpretation of section 14 of the *Victims Compensation Act 1987* and its interaction with section 12E(1) of the *Police Regulation (Superannuation) Act 1906*. Specifically, the court had to determine whether the receipt of "compensation for injury" under the former Act precluded a claimant from receiving a "gratuity" for medical expenses under the latter Act, where both arose from the same incident.

The Court reasoned that the term "compensation for injury" in section 14 of the *Victims Compensation Act 1987* referred to payments made under that specific Act, which were intended to compensate for loss or damage suffered as a result of a criminal act. In contrast, the "gratuity" payable under section 12E(1) of the *Police Regulation (Superannuation) Act 1906* was a payment for medical expenses incurred by a police officer, which was a distinct statutory entitlement. The Court found no provision within the relevant legislation that mandated an offset or exclusion of the gratuity based on the receipt of victims compensation. Therefore, the appeal was dismissed with costs.