SAS Trustee Corporation v Miles [2018] HCA 55

HIGH COURT OF AUSTRALIA

KIEFEL CJ, BELL, GAGELER, NETTLE AND EDELMAN JJ

SAS TRUSTEE CORPORATION APPELLANT

AND

PETER MILES RESPONDENT

SAS Trustee Corporation v Miles [2018] HCA 55 14 November 2018 S260/2017

ORDER

1. Appeal allowed.

2. Set aside orders 1 and 2 of the order of the Court of Appeal of the Supreme Court of New South Wales made on 4 May 2017 and in their place order that the appeal to that Court be dismissed.

3. The appellant pay the respondent's costs of this appeal.

On appeal from the Supreme Court of New South Wales

Representation

N J Williams SC with T M Ower and S Palaniappan for the appellant (instructed by SAS Trustee Corporation)

D F Jackson QC with J M Morris SC and M J Weightman for the respondent (instructed by Cardillo Gray Partners)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

SAS Trustee Corporation v Miles

Superannuation and pensions – Police pension – Disabled member of police force – Entitlement to additional allowance – Where respondent certified by appellant as incapable of personally exercising functions of police officer due to specified infirmities determined by Commissioner of Police to have been caused by being hurt on duty – Where respondent received annual superannuation allowance as disabled member of police force – Where s 10(1A)(b)(ii) of Police Regulation (Superannuation) Act 1906 (NSW) provided that annual superannuation allowance might increase by additional amount commensurate with member's incapacity for work outside police force – Where respondent sought additional amount by reason of supervening infirmity increasing respondent's incapacity for work outside police force – Where supervening infirmity increasing respondent's incapacity for work outside police force not subject of certification by appellant or determination by Commissioner of Police – Whether respondent entitled to additional amount of annual superannuation allowance.