SAS Trustee Corporation v Woollard

Case [2014] NSWCA 75


Court of Appeal


Supreme Court


New South Wales

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Medium Neutral Citation: SAS Trustee Corporation v Woollard [2014] NSWCA 75
Hearing dates:1 October 2013
Decision date: 28 March 2014
Before: Bathurst CJ at [1]; Basten JA at [76]; Tobias AJA at [110]
Decision:

(1)Order that the order of the Full Bench of the Industrial Court made on 8 March 2013 in proceedings No IRC 660 of 2010 be quashed.

(2)Order that the matter be remitted to the Industrial Court to be dealt with according to law.

(3)Order that the first respondent pay the applicant's costs of the proceedings.

[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: ADMINISTRATIVE LAW - judicial review - jurisdictional error - court acting without power
APPEAL- Jurisdiction of Industrial Court to hear appeal - Superannuation Administration Act 1996 (NSW), s 67(5)
STATUTORY INTERPRETATION - principles - purposive approach - use of regulations when interpreting primary act
WORDS AND PHRASES - "injury" - "notified" - Police Regulation (Superannuation) Act 1906 (NSW), s 10B
Legislation Cited: Judiciary Act 1903 (Cth), s 32
Migration Act 1958 (Cth)
Police Act 1990 (NSW), s 6(1)
Police Regulation (Superannuation) Act 1906 (NSW), Part 4, ss 1, 7, 7AA, 8, 8A, 10, 10B, 14 and 21
Police Regulation (Superannuation and Appeals) Amendment Act 1979 (NSW)
Police Superannuation Regulation 1984 (NSW), Sch 3
Superannuation Administration Act 1987 (NSW), ss 26 and 27
Superannuation Administration Act 1991 (NSW)
Superannuation Administration Act 1996 (NSW), ss 3, 4, 67 and 88
Supreme Court Act 1970 (NSW), ss 23 and 69
Workers Compensation Act 1987 (NSW), s 4
Workers' Compensation Act 1926 (NSW)
Workplace Injury Management and Workers Compensation Act 1998 (NSW)
Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (Northern Territory) [2009] HCA 41; (2009) 239 CLR 27
Australian Conveyor Engineering Pty Ltd v Mecha Engineering Pty Ltd (1998) 45 NSWLR 606
Australian Education Union v Department of Education and Children's Services [2012] HCA 3; (2012) 248 CLR 1
Brayson Motors Proprietary Limited (in Liquidation) v The Commissioner of Taxation for the Commonwealth of Australia [1985] HCA 20; (1985) 156 CLR 651
Carr v Western Australia [2007] HCA 47; (2007) 232 CLR 138
Certain Lloyd's Underwriters v Cross [2012] HCA 56; (2012) 248 CLR 378
Chen Shi Hai v Minister for Immigration and Multicultural Affairs [2000] HCA 19; 201 CLR 293
Commissioner of Police v SAS Trustee Corporation [2002] NSWIRComm 31; (2002) 131 IR 243
Construction Forestry Mining and Energy Union v Mammoet Australia Pty Ltd [2013] HCA 36; (2013) 87 ALJR 1009
Craig v South Australia [1995] HCA 58

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AGLC
SAS Trustee Corporation v Woollard [2014] NSWCA 75
Case
[2014] NSWCA 75
Decision Date

CaseChat Overview and Summary

The SAS Trustee Corporation (the applicant) sought judicial review of an order made by the Full Bench of the Industrial Court of New South Wales. The dispute concerned the interpretation of provisions within the *Police Regulation (Superannuation) Act 1906* (NSW) and the *Superannuation Administration Act 1996* (NSW), specifically relating to a former police officer's entitlement to a pension due to an injury. The applicant argued that the Industrial Court had acted without jurisdiction in making its determination.

The primary legal issues before the Court of Appeal were whether the Industrial Court had the power under s 67(5) of the *Superannuation Administration Act 1996* (NSW) to hear an appeal in the circumstances, and whether the Full Bench had erred in its interpretation of the term "injury" as used in s 10B of the *Police Regulation (Superannuation) Act 1906* (NSW), particularly in relation to when such an injury was "notified". The Court was also required to consider the principles of statutory interpretation, including the purposive approach and the relevance of regulations when interpreting a primary Act.

The Court of Appeal found that the Industrial Court had misconstrued the scope of its appellate jurisdiction under s 67(5) of the *Superannuation Administration Act 1996* (NSW). It held that the conditions precedent for the Industrial Court to exercise its power to hear an appeal had not been met. Furthermore, the Court determined that the Full Bench had erred in its interpretation of "injury" and "notified" under s 10B of the *Police Regulation (Superannuation) Act 1906* (NSW), applying a purposive approach that was not supported by the statutory text and considering regulations in a manner that went beyond their intended scope.

Consequently, the Court of Appeal ordered that the order of the Full Bench of the Industrial Court be quashed and remitted the matter to the Industrial Court to be dealt with according to law. The first respondent was ordered to pay the applicant's costs of the proceedings.

Orders

Orders of the court

(1)Order that the order of the Full Bench of the Industrial Court made on 8 March 2013 in proceedings No IRC 660 of 2010 be quashed.

(2)Order that the matter be remitted to the Industrial Court to be dealt with according to law.

(3)Order that the first respondent pay the applicant's costs of the proceedings.

[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.]

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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