Lenihan v SAS Trustee Corporation [2020] NSWDC 815

District Court New South Wales

Medium Neutral Citation: Lenihan v SAS Trustee Corporation [2020] NSWDC 815 Hearing dates: 12-13 October 2020 Date of orders: 13 October 2020 Decision date: 13 October 2020 Jurisdiction: Civil Before: Neilson DCJ Decision: Confirm the decision of the defendant made on 26 September 2019. Catchwords: POLICE SUPERANNUATION P in receipt of hurt on duty pension since 8 May 2005 – It was increased to 83.29% of the salary of his office on 10 September 2010 – He made a further application to increase his pension on 14 January 2019 – Pension was increased to 84.46% from 31 January 2019 – SOC filed 13 March 2020 – That decision held to be reasonable – P argued that since that decision he was totally incapacitated for work and entitled to 85% - Court of the view that P was totally incapacitated since 1 August 2020 - Had that Court had no power to make a decision that defendant was unable to make at the time of its decision to increase pension to 84.46% (20 September 2019) – De minimis submission rejected. Legislation Cited: Police Regulation (Superannuation) Act 1906 Cases Cited: Collins v SASTC [2012] NSWDC 225; (2012) 11 DDCR 198 Lembcke v SASTC [2003] NSWCA 136; (2003) 25 NSWCCR 464 Miles v SASTC [2016] NSWDC 56 Category: Principal judgment Parties: Michael John Lenihan – Plaintiff SAS Trustee Corporation – Defendant Representation: Counsel: M. Hammond – Plaintiff T. Ower – Defendant

Solicitors: Cardillo Gray Partners – Plaintiff SAS Trustee Corporation – Defendant File Number(s): RJ100/20 Publication restriction: Nil.