SAS Trustee Corporation v Ainsworth [2011] NSWIRComm 128

SAS Trustee Corporation v Ainsworth [2011] NSWIRComm 128

The amendment to s 10B(1) Police Regulation (Superannuation) Act 1906 affected existing rights and should not be given retrospective operation absent clear statutory intention. Backman J erred by applying the amended provision retrospectively; the matter of whether knee injuries constituted a specified infirmity as...

Source-derived case information.

Parties
Appellant: SAS Trustee Corporation; Respondent: David Ainsworth
Jurisdiction
Australia
Judgment Date
27 September 2011
Procedural Posture
Appeal / Decision on Application for Leave to Appeal and Determination of Appeal in Part
Outcome
Leave to appeal refused except as granted in relation to construction of s 10B(1); to that extent, appeal upheld; substantive issue remitted for determination.
Legal Topics
Superannuation Entitlement, Incapacity Certification, Retrospective Operation of Statute, Statutory Interpretation, Police Superannuation, Amendment of Incapacity Certificate
Industrial Law Superannuation Law Police Law Superannuation Entitlement Incapacity Certification Retrospective Operation of Statute Statutory Interpretation Police Superannuation +1 more

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Summary, issues, holding and outcome

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Parties

SAS Trustee Corporation

Appellant

David Ainsworth

Respondent

Procedural Posture

Appeal / Decision on Application for Leave to Appeal and Determination of Appeal in Part

Legal Issues

  1. 1 Whether leave to appeal should be granted on grounds arising from the first instance decision.
  2. 2 Which version of s 10B(1) Police Regulation (Superannuation) Act 1906 applies to the amendment of certificate for superannuation entitlement.
  3. 3 Whether knee injuries constituted a specified infirmity under s 10B(1) as at 26 November 1997.

Ratio Decidendi

The amendment to s 10B(1) Police Regulation (Superannuation) Act 1906 affected existing rights and should not be given retrospective operation absent clear statutory intention. Backman J erred by applying the amended provision retrospectively; the matter of whether knee injuries constituted a specified infirmity as at 26 November 1997 must be determined according to the law then in force and as construed in Morley v SAS Trustee Corporation.

Court Disposition

Leave to appeal refused except as granted in relation to construction of s 10B(1); to that extent, appeal upheld; substantive issue remitted for determination.

Orders

  • Except to the extent leave is granted, leave to appeal is refused.
  • To the extent leave to appeal is granted, the appeal is upheld.