Wilson v SAS Trustee Corporation (No 1) [2020] NSWDC 804

Wilson v SAS Trustee Corporation (No 1) [2020] NSWDC 804

The factual and legal issues raised by the defendant's plea are too complex and extensive for separate early determination; as such, the order for separate determination of the issue is revoked in favour of a full trial.

Jurisdiction
Australia
Judgment Date
24 November 2020
Procedural Posture
Civil / Procedural Ruling on Separate Determination of Issue
Outcome
Order for separate determination of issue revoked; matter to proceed to full trial.
Legal Topics
['separate Determination of Issue' 'medical Discharge' 'ptsd as Certified Infirmity']
['police Superannuation' 'civil Procedure'] ['separate Determination of Issue' 'medical Discharge' 'ptsd as Certified Infirmity']

Case Brief

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Procedural Posture

Civil / Procedural Ruling on Separate Determination of Issue

Legal Issues

  1. 1 ['Whether notice given by defendant at time of medical discharge was adequate and sufficient' 'Whether the plaintiff’s PTSD is a certified infirmity within the meaning of s 10B' 'Whether separate determination of issue is appropriate given the complexity of factual and legal issues']

Ratio Decidendi

The factual and legal issues raised by the defendant's plea are too complex and extensive for separate early determination; as such, the order for separate determination of the issue is revoked in favour of a full trial.

Court Disposition

Order for separate determination of issue revoked; matter to proceed to full trial.

Orders

  • ['Order for separate trial made on 6 October 2020 revoked.']