SAS Trustee Corporation v Miles [2018] HCA 55

SAS Trustee Corporation v Miles [2018] HCA 55

The expression 'member's incapacity for work outside the police force' in s 10(1A)(b) of the Police Regulation (Superannuation) Act 1906 (NSW) is limited to incapacity resulting from the specified infirmity of body or mind determined to have been caused by the member being hurt on duty when a member of the police...

Source-derived case information.

Parties
Appellant: SAS Trustee Corporation; Respondent: Peter Miles
Jurisdiction
Australia
Judgment Date
14 November 2018
Procedural Posture
Appeal / High Court Appeal From the Court of Appeal of the Supreme Court of New South Wales
Outcome
appeal allowed
Legal Topics
Police Pension, Disabled Police Officers, Statutory Context and Construction, Entitlement to Additional Allowance, Hurt on Duty Provisions, Superannuation Administration, Quantification of Incapacity Allowance
Superannuation and Pensions Statutory Interpretation Police Pension Disabled Police Officers Statutory Context and Construction Entitlement to Additional Allowance Hurt on Duty Provisions Superannuation Administration +1 more

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Parties

SAS Trustee Corporation

Appellant

Peter Miles

Respondent

Procedural Posture

Appeal / High Court Appeal From the Court of Appeal of the Supreme Court of New South Wales

Legal Issues

  1. 1 Proper construction of s 10(1A)(b) of the Police Regulation (Superannuation) Act 1906 (NSW)
  2. 2 Whether additional pension allowance for incapacity for work outside police force is limited to incapacity caused by hurt on duty

Ratio Decidendi

The expression 'member's incapacity for work outside the police force' in s 10(1A)(b) of the Police Regulation (Superannuation) Act 1906 (NSW) is limited to incapacity resulting from the specified infirmity of body or mind determined to have been caused by the member being hurt on duty when a member of the police force. Additional superannuation allowance does not extend to supervening incapacity unrelated to such hurt on duty.

Court Disposition

appeal allowed

Orders

  • Orders 1 and 2 of the Court of Appeal of NSW dated 4 May 2017 set aside and replaced with an order dismissing the appeal to that Court.
  • The appellant to pay the respondent's costs of the High Court appeal.