Robinson v SAS Trustee Corporation [2016] NSWDC 408

Robinson v SAS Trustee Corporation [2016] NSWDC 408

Plaintiff demonstrated a material change of circumstances and/or fresh evidence since the previous assessment, namely inability to run his own business and a two-thirds reduction in earning capacity outside the police force; accordingly, he is entitled to an increase of his hurt-on-duty pension to 81% of salary,...

Source-derived case information.

Parties
Plaintiff: Gregory Stephen Robinson; Defendant: SAS Trustee Corporation
Jurisdiction
Australia
Judgment Date
07 December 2016
Procedural Posture
Application to Increase Superannuation Allowance / Judgment at Trial
Outcome
Decision of defendant set aside. Plaintiff's superannuation allowance increased to 81% effective 1 October 2014.
Legal Topics
Police Hurt on Duty Pensions, Assessment of Incapacity, Superannuation Allowances, Fresh Evidence and Change of Circumstances, PTSD and Psychiatric Injury
Superannuation Administrative Law Police Hurt on Duty Pensions Assessment of Incapacity Superannuation Allowances Fresh Evidence and Change of Circumstances PTSD and Psychiatric Injury

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Parties

Gregory Stephen Robinson

Plaintiff

SAS Trustee Corporation

Defendant

Procedural Posture

Application to Increase Superannuation Allowance / Judgment at Trial

Legal Issues

  1. 1 Whether the plaintiff is entitled to an increase in superannuation allowance due to total incapacity for work outside the police force
  2. 2 Whether supervening psychiatric disorders (major depression and/or alcohol use disorder) should be considered as duty-related for pension calculations
  3. 3 Whether there has been a material change of circumstance or fresh evidence since the previous assessment

Ratio Decidendi

Plaintiff demonstrated a material change of circumstances and/or fresh evidence since the previous assessment, namely inability to run his own business and a two-thirds reduction in earning capacity outside the police force; accordingly, he is entitled to an increase of his hurt-on-duty pension to 81% of salary, effective from 1 October 2014; supervening psychiatric conditions not certified as duty-related could not be considered in the assessment.

Court Disposition

Decision of defendant set aside. Plaintiff's superannuation allowance increased to 81% effective 1 October 2014.

Orders

  • Set aside the decision of the defendant made on 30 July 2015.
  • Superannuation allowance to be increased to 81% of salary of office, commencing 1 October 2014.