McGann v SAS Trustee Corporation [2019] NSWDC 701

McGann v SAS Trustee Corporation [2019] NSWDC 701

On the whole of the oral, documentary and medical evidence, the plaintiff proved that by 20 April 1991 cumulative traumatic policing exposures, post-traumatic stress disorder, chronic anxiety disorder and the continuing effects of the gunshot wound to his left leg made him incapable of discharging the duties of his office as a Detective Senior Constable. The Court preferred the plaintiff's evidence and supporting lay and medical evidence to the defendant's contrary medical opinions, found that later civilian investigative employment was materially different from operational policing, and found that relevant notification of injury had been given to the effect of the prescribed form. The...

Jurisdiction
Australia
Judgment Date
08 August 2019
Procedural Posture
Application to the District Court Under S 21 of the Police Regulation (superannuation) Act 1906 for Determination of a Decision by SAS Trustee Corporation Concerning a Police Superannuation Allowance / Principal Judgment After De Novo Hearing
Outcome
The defendant's decision was set aside and replaced by a finding that the plaintiff was incapable from an infirmity of mind and body of discharging the duties of his office at the time of resignation; the plaintiff was awarded ordinary costs, and indemnity costs were refused.
Legal Topics
['hurt on Duty' 'police Regulation (superannuation) Act 1906 S 10 B Certification' 'incapacity to Discharge Duties of Office' 'post Traumatic Stress Disorder' 'chronic Anxiety Disorder' 'gunshot Wound to Left Leg' 'notification of Injury' 'expert Medical Evidence' 'costs']
['police Superannuation' 'administrative Review' 'civil Procedure' 'workers Compensation and Injury'] ['hurt on Duty' 'police Regulation (superannuation) Act 1906 S 10 B Certification' 'incapacity to Discharge Duties of Office' 'post Traumatic Stress Disorder' 'chronic Anxiety Disorder' 'gunshot Wound to Left Leg' 'notification of Injury' 'expert Medical Evidence' 'costs']

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Procedural Posture

Application to the District Court Under S 21 of the Police Regulation (superannuation) Act 1906 for Determination of a Decision by SAS Trustee Corporation Concerning a Police Superannuation Allowance / Principal Judgment After De Novo Hearing

Legal Issues

  1. 1 ["Whether the defendant's decision of 9 April 2018 should be set aside under s 21 of the Police Regulation (Superannuation) Act 1906 and replaced by a different decision." 'Whether, at the time of his resignation from the New South Wales Police on 20 April 1991, the plaintiff was incapable from an infirmity of mind and body of discharging the duties of his office for the purposes of s 10B(2).' "Whether the plaintiff's post-resignation employment in investigative roles showed that he was capable of discharging police duties at the time of resignation." 'Whether the plaintiff provided relevant notification of injury to the Commissioner of Police to the effect of the prescribed form for s 10B(2)(a1).' 'Whether the plaintiff should receive indemnity costs or ordinary costs.']

Ratio Decidendi

On the whole of the oral, documentary and medical evidence, the plaintiff proved that by 20 April 1991 cumulative traumatic policing exposures, post-traumatic stress disorder, chronic anxiety disorder and the continuing effects of the gunshot wound to his left leg made him incapable of discharging the duties of his office as a Detective Senior Constable. The Court preferred the plaintiff's evidence and supporting lay and medical evidence to the defendant's contrary medical opinions, found that later civilian investigative employment was materially different from operational policing, and found that relevant notification of injury had been given to the effect of the prescribed form. The...

Court Disposition

The defendant's decision was set aside and replaced by a finding that the plaintiff was incapable from an infirmity of mind and body of discharging the duties of his office at the time of resignation; the plaintiff was awarded ordinary costs, and indemnity costs were refused.

Orders

  • ['The decision of the defendant is set aside.' 'In lieu, pursuant to s 10B(2) of the Police Regulation (Superannuation) Act 1906, the plaintiff at the time of his resignation from the New South Wales Police on 20 April 1991 was incapable from an infirmity of the mind and body of discharging the duties of his office,...