SAS Trustee Corporation v. Miles

Lower Court Judgment

4/05/2017 Supreme Court of New South Wales (Court of Appeal) (Payne JA, Sackville AJA, Schmidt J)

[2017] NSWCA 86

Catchwords

Interpretation – Police Regulation (Superannuation) Act 1906 (NSW) – Where respondent discharged from police force due to infirmities as result of being “hurt on duty” – Where respondent applied for increase in annual superannuation allowance – Where application rejected by trustee – Where trustee’s decision upheld by District Court – Where Court of Appeal allowed appeal – Whether Court of Appeal erred in failing to construe s 10(1A)(b) in context – Whether s 10(1A)(b) authorises payment of additional superannuation allowance where incapacity not due to infirmity determined by Commissioner under s 10B(3) to have been caused by being “hurt on duty”.

Short particulars