SAS Trustee Corporation v. Miles
Case No.
S260/2017
Case Information
Lower Court Judgment
4/05/2017 Supreme Court of New South Wales (Court of Appeal) (Payne JA, Sackville AJA, Schmidt J)
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”.
Documents
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)