Picker v SAS Trustee Corporation [2009] NSWIRComm 53

Picker v SAS Trustee Corporation [2009] NSWIRComm 53

The appellant did not have an accrued right to apply for superannuation allowance prior to the introduction of s 10(1BA) and s 10(1BA) does not irreconcilably conflict with s 16A; a late application can be considered if the respondent deems it desirable under s 16A.

Jurisdiction
Australia
Judgment Date
27 April 2009
Procedural Posture
Appeal / Final Judgment
Outcome
Application allowed so far as respondent must consider the late application under s 16A
Legal Topics
['accrued Rights' 'late Application' 'statutory Conflict']
['superannuation' 'statutory Interpretation'] ['accrued Rights' 'late Application' 'statutory Conflict']

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether the appellant had an accrued right to apply for superannuation allowance under the Police Regulation (Superannuation) Act 1906' 'Whether there was a conflict between s 10(1BA) and s 16A of the Act' 'Whether a late application can be considered under s 16A']

Ratio Decidendi

The appellant did not have an accrued right to apply for superannuation allowance prior to the introduction of s 10(1BA) and s 10(1BA) does not irreconcilably conflict with s 16A; a late application can be considered if the respondent deems it desirable under s 16A.

Court Disposition

Application allowed so far as respondent must consider the late application under s 16A

Orders

  • ['The SAS Trustee Corporation shall consider any application by Terry Picker for payment of a superannuation allowance in accordance with the provisions of s 16A of the Police Regulation (Superannuation) Act 1906.' "Respondent to bear appellant's costs, as agreed or assessed; liberty to apply within 28 days if not...