Moss v SAS Trustee Corporation (No 2) [2016] NSWDC 287

Moss v SAS Trustee Corporation (No 2) [2016] NSWDC 287

Considering the plaintiff’s background, severe psychological and physical injuries, failure to maintain employment even in a sheltered environment, humiliation associated with unsuited or menial employment, and consistent medical evidence of total incapacity, the plaintiff is entitled to an increased superannuation...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
31 August 2016
Procedural Posture
Application for Increased Police Superannuation Allowance / Judgment After Hearing
Outcome
Decision of the defendant dated 29 January 2015 set aside; substituted determination increasing plaintiff's superannuation allowance.
Legal Topics
['increased Pension Allowance' 'police Regulation (superannuation) Act 1906' 'total Incapacity for Work' 'assessment of Earning Capacity' 'medical Evidence' 'cost Orders']
['superannuation' 'administrative Law' 'employment Law'] ['increased Pension Allowance' 'police Regulation (superannuation) Act 1906' 'total Incapacity for Work' 'assessment of Earning Capacity' 'medical Evidence' 'cost Orders']

Source-derived case record

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Procedural Posture

Application for Increased Police Superannuation Allowance / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to an increased superannuation allowance under s10(1A) of the Police Regulation (Superannuation) Act 1906' 'Extent of plaintiff’s incapacity for work in the open labour market post-medical discharge' 'Appropriate assessment of incapacity percentage prior to, and following, resigning from sheltered employment']

Ratio Decidendi

Considering the plaintiff’s background, severe psychological and physical injuries, failure to maintain employment even in a sheltered environment, humiliation associated with unsuited or menial employment, and consistent medical evidence of total incapacity, the plaintiff is entitled to an increased superannuation allowance: 81.94% from 21 December 2012 to 22 December 2015 and 85% from 23 December 2015 onwards.

Court Disposition

Decision of the defendant dated 29 January 2015 set aside; substituted determination increasing plaintiff's superannuation allowance.

Orders

  • ["The defendant's 29 January 2015 decision is set aside." "Plaintiff's superannuation allowance increased to 81.94% from 21 December 2012 to 22 December 2015." "Plaintiff's superannuation allowance increased to 85% from 23 December 2015 to date and continuing." "Defendant to pay the plaintiff's costs."]