Wilson v SAS Trustee Corporation - [2024] NSWCA 53

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation: Wilson v SAS Trustee Corporation [2024] NSWCA 53
Hearing dates: 27 February 2024
Date of orders: 12 March 2024
Decision date: 12 March 2024
Before: Leeming JA at [1];
Kirk JA at [15];
Griffiths AJA at [16]
Decision:
The appeal is dismissed, with costs.

Catchwords:
WORKERS COMPENSATION – Police Superannuation Scheme – where a member seeks to have a further infirmity certified under s 10B(1) or his earlier certification of infirmity amended to include an additional infirmity for the purpose of being entitled to increased annual superannuation allowance pursuant to ss 10 and 10B of the Police Regulation (Superannuation) Act 1906 (NSW)
STATUTORY INTERPRETATION – whether an additional infirmity may be certified under s 10B(1) of the Police Regulation (Superannuation) Act 1906 (NSW) in circumstances where a previous certification of a different infirmity was made prior to the police officer’s discharge

Legislation Cited:
Archives Act1960 (NSW) ss 2, 14, 15
District Court Act 1973 (NSW) s 142N
Compensation Court Repeal Act 2002 (NSW)
Interpretation Act 1987 (NSW) s 48
Police Regulation (Superannuation) Act 1906 (NSW) ss 2J, 3, 5, 7, 8, 10, 10B, 12D, 14, 16, 21
Police Regulation (Superannuation) Amendment Act 1987 (NSW)
State Authorities Non-contributory Superannuation Act 1987 (NSW)
State Records Act 1998 (NSW) ss 3, 21
Superannuation Administration Act 1996 (NSW) ss 4, 49
Workers Compensation Act 1987 (NSW) Pt 3 Divs 3, 4 and 5

Cases Cited:
Fisher v Nonconformist Pty Ltd [2024] NSWCA 32
Miles v SAS Trustee Corporation [2017] NSWCA 86
SAS Trustee Corporation v Miles (2018) 265 CLR 137; [2018] HCA 55
SAS Trustee Corporation v Rossetti [2018] NSWCA 68
Wilson v SAS Trustee Corporation (No 1) [2020] NSWDC 804
Wilson v SAS Trustee Corporation (No 2) [2021] NSWDC 840
Wilson v SAS Trustee Corporation (No 4) [2023] NSWDC 224

Texts Cited:
New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 16 October 1979 at 1844
The State Records Authority of New South Wales, General Disposal Authority Administrative Records (GDA 2) (1998 reprint) at 17
The State Records Authority of New South Wales, General Disposal Authority Personnel Records (GDA 3) (1998 reprint) at 18

Category: Principal judgment
Parties: Steven Wilson (Appellant)
SAS Trustee Corporation (Respondent)
Representation:
Counsel:
JM Morris SC/EM O’Neill/FFF Salama (Appellant)
JS Emmett SC/TM Ower (Respondent)
Solicitors:
Cardillo Gray Partners (Appellant)
SAS Trustee Corporation (Respondent)

File Number(s): 2023/224594
Publication restriction: Nil.
Decision under appeal

Court or tribunal:

District Court

Jurisdiction:

Civil

Citation:

[2023] NSWDC 224

Date of Decision:

27 June 2023

Before:

Neilson DCJ

File Number(s):

RJ 171 of 2020 (2023/200348)

HEADNOTE

[This headnote is not to be read as part of the judgment]

The appellant, a former NSW police officer, was formally discharged from the NSW Police Force on 6 April 2000. The Police Superannuation Advisory Committee (PSAC) certified on 29 March 2000 that the appellant was incapable, due to the specified infirmity of “chondromalcia (sic) patellae left knee”, of discharging the duties of his office…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2024] NSWCA 53
Decision Date: 12 March 2024

CaseChat Overview and Summary

The plaintiff, Wilson, appealed to the Court of Appeal of New South Wales against a decision of the primary judge concerning his entitlement to an increased annual superannuation allowance under the *Police Regulation (Superannuation) Act 1906* (NSW). Wilson sought to have a further infirmity certified under section 10B(1) of the Act, or to amend an earlier certification of infirmity made prior to his discharge from the police force, to include an additional infirmity. The defendant was the SAS Trustee Corporation.

The central legal issues before the Court of Appeal were whether section 10B(1) of the *Police Regulation (Superannuation) Act 1906* permitted the certification of an additional infirmity in circumstances where a previous certification of a different infirmity had already been made, and whether such a certification could be made retrospectively to amend an earlier decision. The Court was required to interpret the provisions of the Act concerning the certification of infirmities for the purpose of calculating superannuation allowances.

The Court of Appeal affirmed the primary judge's decision, holding that section 10B(1) did not allow for the certification of a *further* infirmity once an initial certification had been made and the officer had been discharged. The Court reasoned that the scheme contemplated a single certification process for an officer's condition at the time of discharge. To allow for subsequent certifications of additional infirmities would fundamentally alter the basis upon which the superannuation allowance was originally determined and paid. The appeal was accordingly dismissed, with costs awarded to the respondent.

Orders

Orders of the court

The appeal is dismissed, with costs.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	Wilson v SAS Trustee Corporation [2024] NSWCA 53
Hearing dates:	27 February 2024
Date of orders:	12 March 2024
Decision date:	12 March 2024
Before:	Leeming JA at [1]; Kirk JA at [15]; Griffiths AJA at [16]
Decision:	The appeal is dismissed, with costs.
Catchwords:	WORKERS COMPENSATION – Police Superannuation Scheme – where a member seeks to have a further infirmity certified under s 10B(1) or his earlier certification of infirmity amended to include an additional infirmity for the purpose of being entitled to increased annual superannuation allowance pursuant to ss 10 and 10B of the Police Regulation (Superannuation) Act 1906 (NSW) STATUTORY INTERPRETATION – whether an additional infirmity may be certified under s 10B(1) of the Police Regulation (Superannuation) Act 1906 (NSW) in circumstances where a previous certification of a different infirmity was made prior to the police officer’s discharge
Legislation Cited:	Archives Act1960 (NSW) ss 2, 14, 15 District Court Act 1973 (NSW) s 142N Compensation Court Repeal Act 2002 (NSW) Interpretation Act 1987 (NSW) s 48 Police Regulation (Superannuation) Act 1906 (NSW) ss 2J, 3, 5, 7, 8, 10, 10B, 12D, 14, 16, 21 Police Regulation (Superannuation) Amendment Act 1987 (NSW) State Authorities Non-contributory Superannuation Act 1987 (NSW) State Records Act 1998 (NSW) ss 3, 21 Superannuation Administration Act 1996 (NSW) ss 4, 49 Workers Compensation Act 1987 (NSW) Pt 3 Divs 3, 4 and 5
Cases Cited:	Fisher v Nonconformist Pty Ltd [2024] NSWCA 32 Miles v SAS Trustee Corporation [2017] NSWCA 86 SAS Trustee Corporation v Miles (2018) 265 CLR 137; [2018] HCA 55 SAS Trustee Corporation v Rossetti [2018] NSWCA 68 Wilson v SAS Trustee Corporation (No 1) [2020] NSWDC 804 Wilson v SAS Trustee Corporation (No 2) [2021] NSWDC 840 Wilson v SAS Trustee Corporation (No 4) [2023] NSWDC 224
Texts Cited:	New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 16 October 1979 at 1844 The State Records Authority of New South Wales, General Disposal Authority Administrative Records (GDA 2) (1998 reprint) at 17 The State Records Authority of New South Wales, General Disposal Authority Personnel Records (GDA 3) (1998 reprint) at 18
Category:	Principal judgment
Parties:	Steven Wilson (Appellant) SAS Trustee Corporation (Respondent)
Representation:	Counsel: JM Morris SC/EM O’Neill/FFF Salama (Appellant) JS Emmett SC/TM Ower (Respondent) Solicitors: Cardillo Gray Partners (Appellant) SAS Trustee Corporation (Respondent)
File Number(s):	2023/224594
Publication restriction:	Nil.
Decision under appeal	Court or tribunal: District Court Jurisdiction: Civil Citation: [2023] NSWDC 224 Date of Decision: 27 June 2023 Before: Neilson DCJ File Number(s): RJ 171 of 2020 (2023/200348)