Harding v SAS Trustee Corporation [2011] NSWIRComm 4

Harding v SAS Trustee Corporation [2011] NSWIRComm 4

On the balance of medical evidence, at the date of his exit from the Police Force, the appellant was incapable from adjustment disorder of personally exercising all duties and functions of a police officer within the meaning of the relevant Act, warranting certification; the appeal is upheld.

Parties
Appellant: Brian Robert Harding; Respondent: SAS Trustee Corporation
Jurisdiction
Australia
Judgment Date
22 February 2011
Procedural Posture
Superannuation Appeal / Appeal Hearing De Novo
Outcome
Appeal upheld
Legal Topics
Invalidity Benefit, Infirmity of Mind, Police Superannuation, Adjustment Disorder, Medical Expert Evidence
Superannuation Law Industrial Law Invalidity Benefit Infirmity of Mind Police Superannuation Adjustment Disorder Medical Expert Evidence

Case Brief

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Parties

Brian Robert Harding

Appellant

SAS Trustee Corporation

Respondent

Procedural Posture

Superannuation Appeal / Appeal Hearing De Novo

Legal Issues

  1. 1 Whether the appellant suffered from an infirmity of the mind at the relevant date
  2. 2 Whether that infirmity rendered him incapable of personally exercising the functions of a police officer
  3. 3 Whether such incapacity warrants certification under s 10B of the Police Regulation (Superannuation) Act 1906

Ratio Decidendi

On the balance of medical evidence, at the date of his exit from the Police Force, the appellant was incapable from adjustment disorder of personally exercising all duties and functions of a police officer within the meaning of the relevant Act, warranting certification; the appeal is upheld.

Court Disposition

Appeal upheld

Orders

  • Appeal upheld
  • Costs reserved with liberty to apply