Day v SAS Trustee Corporation [2020] NSWDC 381

District Court New South Wales

Medium Neutral Citation: Day v SAS Trustee Corporation [2020] NSWDC 381 Hearing dates: 6-9 July 2020 Date of orders: 14 July 2020 Decision date: 14 July 2020 Jurisdiction: Civil Before: Neilson DCJ Decision: Confirm the decision of the SASTC by its delegate, PSAC. Catchwords: POLICE SUPERANNUATION Whether P suffering from the infirmity claimed (chronic adjustment disorder with mixed anxiety and depressive mood) "at the time of the member's resignation" within the meaning of s10B(2)(b) of the Police Regulation (Superannuation) Act 1906. P a member of NSW Police from 30 June 1980 until his resignation effective on 26 September 1998. P qualified as a police prosecutor in 1984 and at the time of his resignation was a sergeant/police prosecutor. P last worked in NSW Police immediately prior to 21 August 1998, when he was certified unfit due to "acute anxiety and depressive reaction". P submitted his resignation on 4 September 1998. In November 1998 P commenced working as a solicitor with the Aboriginal Legal Service in Taree. In May 2000 he was promoted to Solicitor Advocate/Office Manager at Newcastle. On 23 July 2001 he became a Local Court Magistrate but resigned his commission on 27 July 2002, after a short, unhappy career on the Bench. Since 2003, P has been working as a solicitor in various practices, specialising in criminal law. Court was not satisfied that P was disabled for work as a police prosecutor after the end of 1998. Held: the term "at the time of the member's resignation" does not mean on his last day of service or the day after that. The words must be construed in the context of a superannuation scheme. Semble, the decision maker must be satisfied both at the time of certification and at the time of resignation that the member of the scheme was suffering from the infirmity of mind (or body) alleged. The infirmity must be indefinite at the time of resignation, not temporary or transient, Dicta of IRC in Court Session adopted. Legislation Cited: Drug Misuse and Trafficking Act 1985 Evidence Act 1995 Judicial Officers Act 1986 Police Regulation (Superannuation) Act 1906 Cases Cited: Johnson v SAS Trustee Corporation [2019] NSWDC 925 SASTC v Daykin [2002] NSWIRComm 124 SASTC v Hazlewood [2009] NSWIRComm 157 SASTC v Rossetti [2018] NSWCA 68 Woollard v SASTC [2012] NSWIRComm 51 Texts Cited: Publius Terentius Afer, Phormio, 161BC Category: Principal judgment Parties: Roland Scott Day (Plaintiff) SAS Trustee Corporation (Defendant) Representation: Plaintiff: Counsel - P. Morris S.C. & M. Hammond Solicitor - S. Gray (Cardillo Gray Partners)