SAS Trustee Corporation v Rayment [2000] NSWCA 115

SAS Trustee Corporation v Rayment [2000] NSWCA 115

By majority, s 12E of the Police Regulation (Superannuation) Act 1906 did not require the respondent's Victims Compensation Act 1987 compensation for injury to be deducted from a gratuity for medical expenses under s 12D. Victims Compensation Act compensation is deducted from a gratuity only where damages recovered...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
26 May 2000
Procedural Posture
Appeal From the Compensation Court Concerning Refusal of a Gratuity for Medical Expenses / Court of Appeal Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
['law Enforcement Victim Compensation' 'gratuity for Medical Expenses' 'set Off or Deduction of Victims Compensation' 'interpretation of S 12 E of the Police Regulation (superannuation) Act 1906']
['victims Compensation' 'police Superannuation' 'workers Compensation' 'statutory Interpretation'] ['law Enforcement Victim Compensation' 'gratuity for Medical Expenses' 'set Off or Deduction of Victims Compensation' 'interpretation of S 12 E of the Police Regulation (superannuation) Act 1906']

Source-derived case record

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Procedural Posture

Appeal From the Compensation Court Concerning Refusal of a Gratuity for Medical Expenses / Court of Appeal Judgment

Legal Issues

  1. 1 ['Whether compensation for injury paid under the Victims Compensation Act 1987 disentitled the respondent from, or had to be deducted from, a gratuity for medical expenses under s 12D of the Police Regulation (Superannuation) Act 1906 by operation of s 12E.' 'Whether s 12E of the Police Regulation (Superannuation) Act 1906 should be construed as preventing only double compensation for the same kind of loss.']

Ratio Decidendi

By majority, s 12E of the Police Regulation (Superannuation) Act 1906 did not require the respondent's Victims Compensation Act 1987 compensation for injury to be deducted from a gratuity for medical expenses under s 12D. Victims Compensation Act compensation is deducted from a gratuity only where damages recovered for the loss for which that compensation was granted would have disentitled the member to the gratuity or required its repayment. Because the respondent received compensation for injury and sought a gratuity for expenses, the appeal was dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']