Fox v SAS Trustee Corporation [2019] NSWDC 277

Fox v SAS Trustee Corporation [2019] NSWDC 277

On the balance of probabilities as at 3 November 1997 the plaintiff was incapable by reason of an enduring infirmity of mind, namely post-traumatic stress disorder, of discharging the duties of his office as a Senior Constable of Police. This incapacity was supported by contemporaneous medical evidence and satisfied the notification and enduring element requirements of s 10B(2) of the Police Regulation (Superannuation) Act 1906 (NSW). The contrary medical opinions were not preferred over those of treating practitioners and contemporaneous documentation.

Parties
Plaintiff: Jeffrey Ronald Fox; Defendant: SAS Trustee Corporation
Jurisdiction
Australia
Judgment Date
21 June 2019
Procedural Posture
Civil / Judgment After Trial
Outcome
Plaintiff succeeds; defendant's decision set aside and certificate of incapacity issued.
Legal Topics
Incapacity for Work, Infirmity of Mind, Superannuation Appeals, Psychiatric Disability, Certification Under Police Regulation (superannuation) Act 1906
Police Law Superannuation Administrative Law Incapacity for Work Infirmity of Mind Superannuation Appeals Psychiatric Disability Certification Under Police Regulation (superannuation) Act 1906

Case Brief

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Parties

Jeffrey Ronald Fox

Plaintiff

SAS Trustee Corporation

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the plaintiff was incapable, from an infirmity of mind, of discharging the duties of his office at the time of his resignation on 3 November 1997 for the purposes of s 10B(2) Police Regulation (Superannuation) Act 1906 (NSW)
  2. 2 Whether the notified injury requirements under s 10B(2)(a) were satisfied
  3. 3 Whether the infirmity had an enduring element or was likely to persist for the foreseeable future

Ratio Decidendi

On the balance of probabilities as at 3 November 1997 the plaintiff was incapable by reason of an enduring infirmity of mind, namely post-traumatic stress disorder, of discharging the duties of his office as a Senior Constable of Police. This incapacity was supported by contemporaneous medical evidence and satisfied the notification and enduring element requirements of s 10B(2) of the Police Regulation (Superannuation) Act 1906 (NSW). The contrary medical opinions were not preferred over those of treating practitioners and contemporaneous documentation.

Court Disposition

Plaintiff succeeds; defendant's decision set aside and certificate of incapacity issued.

Orders

  • The defendant's decision of 5 September 2017 declining to certify the plaintiff under s 10B(2) is set aside.
  • Pursuant to s 10B(2) of the Police Regulation (Superannuation) Act 1906 (NSW), Jeffrey Ronald Fox is certified as having been incapable, by infirmity of mind comprising post-traumatic stress disorder, of discharging the duties of his office at 3 November 1997.