SAS TRUSTEE CORPORATION v BUDD [2005] NSWCA 366

SAS TRUSTEE CORPORATION v BUDD [2005] NSWCA 366

Section 12E(2) of the Police Regulation (Superannuation) Act 1906 requires that any sum ordered or directed to be paid as victims compensation (even as a global sum) for injuries arising from the same incident must be deducted from a police gratuity otherwise payable for those injuries, to prevent double compensation. The appellant established that the victims compensation award encompassed the same injuries as the gratuity claim, and no sufficient evidence was led by the respondent to prove otherwise. The trial judge erred in law in holding that the necessary evidentiary burden had not been discharged by the appellant.

Jurisdiction
Australia
Judgment Date
28 October 2005
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal upheld
Legal Topics
['victims Compensation' 'police Injury Compensation' 'double Compensation' 'evidentiary Onus' 'construction of Statutes']
['compensation Law' 'statutory Interpretation' 'superannuation Law'] ['victims Compensation' 'police Injury Compensation' 'double Compensation' 'evidentiary Onus' 'construction of Statutes']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 ['Whether s12E(2) of the Police Regulation (Superannuation) Act 1906 required deduction of an earlier Victims Compensation Act award from a subsequent police gratuity claim for injuries arising from the same incident' 'Whether the appellant had satisfied the evidentiary onus in establishing that the Victims Compensation Act award covered the same injuries subject to the gratuity claim' 'Proper construction of s12E(2) in context of preventing double compensation']

Ratio Decidendi

Section 12E(2) of the Police Regulation (Superannuation) Act 1906 requires that any sum ordered or directed to be paid as victims compensation (even as a global sum) for injuries arising from the same incident must be deducted from a police gratuity otherwise payable for those injuries, to prevent double compensation. The appellant established that the victims compensation award encompassed the same injuries as the gratuity claim, and no sufficient evidence was led by the respondent to prove otherwise. The trial judge erred in law in holding that the necessary evidentiary burden had not been discharged by the appellant.

Court Disposition

appeal upheld

Orders

  • ['Subject to filing of a notice of appeal, grant leave to appeal.' 'Appeal upheld.' 'Orders of Judge Walker QC made on 12 August 2004 set aside.' 'In lieu, order that the Application for Determination originally filed on 2 June 2003 be dismissed.' "Respondent to pay appellant's costs of the appeal and, if qualified,...