Full Court Minute Books

Case S260/2017

SAS Trustee Corporation v. Miles

Case No.


Case Information

Lower Court Judgment

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

[2017] NSWCA 86


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


20/10/2017 Hearing (SLA, Sydney

02/11/2017 Notice of appeal

24/11/2017 Written submissions (Appellant)

24/11/2017 Chronology (Appellant)

15/12/2017 Written submissions (Respondent)

21/12/2017 Reply

16/08/2018 Hearing (Full Court, Canberra) (Audio-visual recording)

16/08/2018 Outline of oral argument (Appellant)

16/08/2018 Outline of oral argument (Respondent)

14/11/2018 Judgment (Judgment summary)

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