Crown in right of the State of New South Wales v Maund Maund v FSS Trustee Corporation [2013] NSWSC 183

Crown in right of the State of New South Wales v Maund Maund v FSS Trustee Corporation [2013] NSWSC 183

The Crown was entitled to judgment because Ms Maund executed a deed requiring repayment of the Partial and Permanent Disability benefit if she received a Total and Permanent Disablement benefit, and she did receive that later benefit; her alleged leave, salary and tax shortfalls were not made out, and tax withheld was her liability rather than a reason to reduce the Crown's recovery. In the FSS proceedings, the Policy's reference to base salary meant base salary as prescribed by the Crown Employees (Police Officers - 2005) Award and did not include detective allowances. However, because Ms Maund's illness was suffered over time and she could not suffer TPD under the Policy until she had...

Jurisdiction
Australia
Judgment Date
12 March 2013
Procedural Posture
Equity Division Proceedings Concerning Recovery of a Debt Under a Deed and a Claim for a Total and Permanent Disablement Benefit Under a Superannuation Insurance Scheme / Principal Judgment After Final Hearing, With Interest and Costs in Part Reserved
Outcome
In the Crown proceedings, the Crown was entitled to judgment against Ms Maund for $467,856.00 plus interest and dismissal of her cross-claim. In the FSS proceedings, Ms Maund was entitled to judgment against FSS for $29,177.00, with interest and costs reserved for further consideration.
Legal Topics
['recovery of Remuneration and Disability Payments' 'construction of Insurance Policy Terms' 'total and Permanent Disablement Benefit' 'police Officer Leave, Salary and Tax Entitlements' 'construction of Industrial Awards']
['industrial Law' 'insurance Law' 'superannuation' 'contract Law'] ['recovery of Remuneration and Disability Payments' 'construction of Insurance Policy Terms' 'total and Permanent Disablement Benefit' 'police Officer Leave, Salary and Tax Entitlements' 'construction of Industrial Awards']

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Procedural Posture

Equity Division Proceedings Concerning Recovery of a Debt Under a Deed and a Claim for a Total and Permanent Disablement Benefit Under a Superannuation Insurance Scheme / Principal Judgment After Final Hearing, With Interest and Costs in Part Reserved

Legal Issues

  1. 1 ['Whether the Crown was entitled to recover from Ms Maund the amount paid as a Partial and Permanent Disability benefit under the deed after she received a Total and Permanent Disablement benefit.' 'Whether Ms Maund established any shortfall in leave entitlements, salary or tax deductions from payments made by the Police Force.' "Whether the Total and Permanent Disablement benefit should have been calculated by reference to Ms Maund's salary as at 8 May 2007, 8 November 2007 or 21 January 2010." 'Whether the Total and Permanent Disablement benefit should have been calculated by reference to base annual salary alone or by including specialist detective allowances.']

Ratio Decidendi

The Crown was entitled to judgment because Ms Maund executed a deed requiring repayment of the Partial and Permanent Disability benefit if she received a Total and Permanent Disablement benefit, and she did receive that later benefit; her alleged leave, salary and tax shortfalls were not made out, and tax withheld was her liability rather than a reason to reduce the Crown's recovery. In the FSS proceedings, the Policy's reference to base salary meant base salary as prescribed by the Crown Employees (Police Officers - 2005) Award and did not include detective allowances. However, because Ms Maund's illness was suffered over time and she could not suffer TPD under the Policy until she had...

Court Disposition

In the Crown proceedings, the Crown was entitled to judgment against Ms Maund for $467,856.00 plus interest and dismissal of her cross-claim. In the FSS proceedings, Ms Maund was entitled to judgment against FSS for $29,177.00, with interest and costs reserved for further consideration.

Orders

  • ['The Crown was invited to bring in Short Minutes of Order providing for judgment in favour of the Crown in the sum of $467,856.00 plus interest calculated at the rate provided by s 100 of the Civil Procedure Act 2005 NSW.' "Ms Maund's cross-claim in the Crown proceedings was to be dismissed." "Costs in the Crown...