Connor v SAS Trustee Corporation [2021] NSWDC 758

District Court New South Wales

Medium Neutral Citation: Connor v SAS Trustee Corporation [2021] NSWDC 758 Hearing dates: 26 October 2021-27 October 2021 Date of orders: 27 October 2021 Decision date: 27 October 2021 Jurisdiction: Civil Before: Neilson DCJ Decision: See [100] Catchwords: POLICE – SUPERANNUATION – Whether plaintiff incapable from a specified infirmity of body of discharging the duties of his office at the time that his resignation took effect on 17-4-1999 P commenced as a junior trainee on 25 February 1980 and was attested as a probationary constable on 6 April 1981. On or about 1 November 1997 he commenced to work as a sergeant at Maroubra Police Station, Eastern Beaches Local Area Command. On a shift between 22 and 23 May 1998 he injured his lower back and experienced sciatic pain. He returned to work on restricted duties on 23 November 1998 and on full duties on 11 January 1999. He gave notice of his resignation on 18 March 1999. He did not apply for a superannuation allowance until 15 October 2018. His application was rejected by D on 28 November 2019. Whether effects of injury of 22/23 May 1998 presented at time of resignation and thereafter. Whether plaintiff remained incapacitated for duties of his office until the present time. Whether P remained incapacitated for duties of his office until the present time. Whether the Workers Compensation Act 1987, section 47 applies in proceedings under the Police Regulation (Superannuation) Act 1906. Whether section 47 otiose. Applicable law: that at the resignation took effect – at [88]. "Incapability": anachronistic noun – use of "incapacity" or "disability" preferred. Legislation Cited: Police Regulation (Superannuation) Act 1906 (NSW) Workers Compensation Act 1987 (NSW) Cases Cited: Day v SAS Trustee Corporation [2020] NSWDC 381 Day v SAS Trustee Corporation [2021] NSWCA 71 DHL Exel Supply Chain (Australia) Pty Ltd v Hyde [2011] NSWWCCPD 22 Locker v SAS Trustee Corporation (No 2) [2014] NSWIRComm 14 Morley v SAS Trustee Corporation [2007] NSWIRComm 90 SAS Trustee Corporation v Ainsworth [2011] NSWIRComm 128 SAS Trustee Corporation v Cox [2011] NSWCA 408 Texts Cited: Professor CP Mills, Workers Compensation (New South Wales), 1st edition, Butterworths, 1969 Professor CP Mills, Workers Compensation (New South Wales), 2nd edition, Butterworths, 1979 Category: Principal judgment Parties: Plaintiff Phillip Bruce Connor Defendant SAS Trustee Corporation Representation: Counsel P.M. O'Rourke - Plaintiff T.M. Ower - Defendant Solicitors Ms S. McLean of Walter, Madden, Jenkins Solicitors – Plaintiff Mr L. Doyle of Mark Bendall Senior Lawyer, SAS Trustee Corporation - Defendant File Number(s): RJ00194/20 Publication restriction: Nil