SAS Trustee Corporation v MilesCitation:[2018] HCA 55Before:Kiefel CJ, Bell, Gageler, Nettle, Edelman JJDate:14 Nov 2018Case Number:S260/2017Read more

SAS Trustee Corporation v MilesCitation:[2018] HCA 55Before:Kiefel CJ, Bell, Gageler, Nettle, Edelman JJDate:14 Nov 2018Case Number:S260/2017Read more

The respondent is not entitled to an additional amount of annual superannuation allowance for a supervening infirmity unless that infirmity is certified or determined as caused by being hurt on duty, as required by the statutory scheme and the construction of the relevant provisions.

Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
Australia
Judgment Date
14 November 2018
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Police Pension, Entitlement to Additional Allowance, Interpretation of Incapacity Provisions
Superannuation Pensions Statutory Interpretation Police Pension Entitlement to Additional Allowance Interpretation of Incapacity Provisions

Case Brief

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether respondent entitled to additional amount of annual superannuation allowance under s 10(1A)(b)(ii) of Police Regulation (Superannuation) Act 1906 (NSW) for supervening infirmity not certified or determined as caused by being hurt on duty
  2. 2 Whether cognate terms 'incapable', 'incapacity', and 'totally incapacitated' in the Act should be construed as bearing the same meaning

Ratio Decidendi

The respondent is not entitled to an additional amount of annual superannuation allowance for a supervening infirmity unless that infirmity is certified or determined as caused by being hurt on duty, as required by the statutory scheme and the construction of the relevant provisions.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed
  • The respondent is not entitled to the additional amount of annual superannuation allowance