Wilson v SAS Trustee Corporation

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.