Morley v SAS Trustee Corporation [2007] NSWIRComm 90

Morley v SAS Trustee Corporation [2007] NSWIRComm 90

The proper construction of s10B(2BA) of the Police Regulation (Superannuation) Act 1906 requires consideration of the duties of a police officer including those of a constable, but the assessment of incapacity is to be made with reference to how those duties are actually performed given the officer's rank and position. It is appropriate for a superintendent to perform certain duties of a constable by delegation. The trial judge did not err in construction or application of the statute. Appeal dismissed.

Parties
Appellant: Christopher Morley; Respondent: SAS Trustee Corporation
Jurisdiction
Australia
Judgment Date
24 April 2007
Procedural Posture
Appeal / Judgment on Leave to Appeal and Appeal
Outcome
leave to appeal refused except as to construction of s10B(2BA); appeal dismissed
Legal Topics
Police Superannuation Entitlements, Construction of Police Regulation (superannuation) Act S10 B(2 Ba), Incapacity for Duties, Statutory Construction, Delegation of Police Duties, Duties of Constables Under Police Act
Superannuation Law Industrial Law Statutory Interpretation Police Superannuation Entitlements Construction of Police Regulation (superannuation) Act S10 B(2 Ba) Incapacity for Duties Statutory Construction Delegation of Police Duties +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 9 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Christopher Morley

Appellant

SAS Trustee Corporation

Respondent

Procedural Posture

Appeal / Judgment on Leave to Appeal and Appeal

Legal Issues

  1. 1 Proper interpretation of s10B(2BA) of the Police Regulation (Superannuation) Act 1906: inclusion of constable's duties when assessing incapacity for superannuation entitlement
  2. 2 Whether incapacity should be assessed by reference to actual duties performed or also potential duties a superior officer might be called upon to perform
  3. 3 Appropriateness of finding that a superintendent can perform the duties of a constable by delegating physical tasks

Ratio Decidendi

The proper construction of s10B(2BA) of the Police Regulation (Superannuation) Act 1906 requires consideration of the duties of a police officer including those of a constable, but the assessment of incapacity is to be made with reference to how those duties are actually performed given the officer's rank and position. It is appropriate for a superintendent to perform certain duties of a constable by delegation. The trial judge did not err in construction or application of the statute. Appeal dismissed.

Court Disposition

leave to appeal refused except as to construction of s10B(2BA); appeal dismissed

Orders

  • Leave to appeal is refused except to the extent set out in these reasons; Appeal dismissed.