McAlister v SAS Trustee Corporation [2020] NSWDC 896

District Court New South Wales

Medium Neutral Citation: McAlister v SAS Trustee Corporation [2020] NSWDC 896 Hearing dates: 6 November 2020 Date of orders: 26 November 2020 Decision date: 26 November 2020 Jurisdiction: Civil Before: Neilson DCJ Decision: Decision of the Police Superannuation Advisory Committee set aside. Plaintiff's pension be increased to 90% of the attributed salary. Catchwords: Police Superannuation – Abnormal risk benefit – Quantification of the benefit – Three certified infirmities: (1) left hallux rigidus (2) cervical spondylosis (3) sensorineural deafness – P was a member of Highway Patrol for most of his career and spent most of that time as a motorcycle rider – Extent of disablement apportioned as (1) 30% (2) 60% (3) 10% - Therefore of the 15% of salary of office available were (1) 4.5% (2) 9% (3) 1.5% - Allowed by Court was (1) 4% (2) 1% (3) nil – Base rate of 85% of salary increased to 90% of salary by findings of Court. Legislation Cited: Police Regulation (Superannuation) Act 1906 Workers Compensation Act 1987 Cases Cited: Calman v Commissioner of Police (1999) 19 NSWCCR 40 Conway v SASTC [2012] NSWDC 249; (2012) 11 DDCR 212 Green v SASTC [2013] NSWDC 200 SASTC v Green [2014] NSWCA 289 Category: Principal judgment Parties: Plaintiff – Geoffrey McAlister Defendant – SAS Trustee Corporation Representation: Counsel: Plaintiff – M. Hammond Defendant – T. Ower

Solicitors: D. Cabal (Carrol & O'Dea) L. Doyle (SASTC) File Number(s): RJ00424/19 Publication restriction: Nil.