Perrin v SAS Trustee Corporation [2013] NSWDC 191

Perrin v SAS Trustee Corporation [2013] NSWDC 191

The plaintiff's incapacity for work outside the police force, arising from certified infirmities, is total, warranting an increase in his superannuation allowance to 85% of his attributed salary as per s 10(1A)(b) of the Police Regulation (Superannuation) Act 1906 (NSW), effective from 6 September 2007.

Parties
Plaintiff: Scott David Perrin; Defendant: SAS Trustee Corporation
Jurisdiction
Australia
Judgment Date
20 September 2013
Procedural Posture
Superannuation Appeal / Principal Judgment
Outcome
Decision of defendant set aside. Plaintiff's pension increased to 85%. Defendant to pay costs.
Legal Topics
Police Superannuation and Pensions, Retirement on Account of Incapacity, Claim for Additional Entitlement, Incapacity for Work Outside the Police Force
Superannuation Law Administrative Law Police Superannuation and Pensions Retirement on Account of Incapacity Claim for Additional Entitlement Incapacity for Work Outside the Police Force

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Parties

Scott David Perrin

Plaintiff

SAS Trustee Corporation

Defendant

Procedural Posture

Superannuation Appeal / Principal Judgment

Legal Issues

  1. 1 What is the applicant's incapacity for work outside the police force?
  2. 2 Is the plaintiff entitled to an increased superannuation allowance under s 10(1A)(b) or s 10(1A)(c) of the Police Regulation (Superannuation) Act 1906 (NSW)?

Ratio Decidendi

The plaintiff's incapacity for work outside the police force, arising from certified infirmities, is total, warranting an increase in his superannuation allowance to 85% of his attributed salary as per s 10(1A)(b) of the Police Regulation (Superannuation) Act 1906 (NSW), effective from 6 September 2007.

Court Disposition

Decision of defendant set aside. Plaintiff's pension increased to 85%. Defendant to pay costs.

Orders

  • Set aside the defendant's decision made on 6 September 2007 insofar as the plaintiff's pension entitlements are concerned.
  • Plaintiff's pension be increased to 85% (s 10(1A)(b) of the Police Regulation (Superannuation) Act 1906 (NSW)), to be paid on and from 6 September 2007.