Casey v R [1913] HCA 9

Casey v R [1913] HCA 9

The petitioner was a person appointed since the passing of Act No. 710 (Pensions Abolition Act 1881) and therefore was excluded from entitlement to superannuation or pension under sec. 99 of the Public Service Act 1883. The absence of employment at the time of Act No. 710's passage and the fact that any prior employment was extinguished without statutory right to compensation meant the subsequent reappointment was a new appointment for statutory purposes. Sec. 22 of the Public Service Act 1893 conferred no additional right.

Parties
Petitioner: Albert Edward Berkeley Casey; Respondent: His Majesty the King
Jurisdiction
Australia
Judgment Date
27 February 1913
Procedural Posture
Appeal / On Appeal From the Supreme Court of Victoria
Outcome
Appeal dismissed with costs.
Legal Topics
Pensions and Superannuation, Employment Status in Public Service, Statutory Interpretation
Public Service Law Administrative Law Pensions and Superannuation Employment Status in Public Service Statutory Interpretation

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Parties

Albert Edward Berkeley Casey

Petitioner

His Majesty the King

Respondent

Procedural Posture

Appeal / On Appeal From the Supreme Court of Victoria

Legal Issues

  1. 1 Whether the petitioner was entitled to a pension or superannuation allowance under the provisions of the Victorian Public Service Acts, given his employment history and prior compensation
  2. 2 Whether the petitioner, appointed after the passing of the Pensions Abolition Act 1881 (No. 710), qualified for benefits under subsequent legislation

Ratio Decidendi

The petitioner was a person appointed since the passing of Act No. 710 (Pensions Abolition Act 1881) and therefore was excluded from entitlement to superannuation or pension under sec. 99 of the Public Service Act 1883. The absence of employment at the time of Act No. 710's passage and the fact that any prior employment was extinguished without statutory right to compensation meant the subsequent reappointment was a new appointment for statutory purposes. Sec. 22 of the Public Service Act 1893 conferred no additional right.

Court Disposition

Appeal dismissed with costs.

Orders

  • Judgment with costs entered for His Majesty the King.