Michael Adderley v SAS Trustee Corporation [2022] NSWDC 149

District Court New South Wales

Medium Neutral Citation: Michael Adderley v SAS Trustee Corporation [2022] NSWDC 149 Hearing dates: 28 April and 02 May 2022 Date of orders: 4 May 2022 Decision date: 04 May 2022 Jurisdiction: Civil Before: Hatzistergos DCJ Decision: See [52] Catchwords: CIVIL PROCEDURE –– Plaintiff seeks to set aside a decision of the Defendant determining that he did not provide "notice" of his injuries as required by s 10(B)(2)(a) of the Police Regulation (Superannuation) Act 1906 (NSW) – Plaintiff claims to have injured his left knee in 1987 whilst training at the NSW police academy – Plaintiff claims the clinical record prepared by a nurse at the academy erroneously referred to the right knee as opposed to the left knee but was otherwise was to the effect of the prescribed form and constituted notice within s 10B(2)(a) (a1) of the Police Regulation (Superannuation) Act 1906 (NSW) – Requirements for valid notice considered – Notice found not to be in or to the effect of the prescribed form – Plaintiff has not established clinical note reference to left knee in 1987 as inaccurate. Legislation Cited: Police Regulation (Superannuation) Act 1906 (NSW) ss 10B, 21 Police Superannuation Regulation 1984 cl 6 Cases Cited: Wesson v Jennings [1971] VR 83 Mason v Demasi [2009] NSWCA 227 Davis v Council of the City of Wagga Wagga Texts Cited: Chad Jacobi, Interpretation Acts Origins and Meaning (Thomson Reuters, 2019) Category: Principal judgment Parties: Michael Adderley (Plaintiff) SAS Trustee Corporation (Defendant) Representation: Counsel: Mr M. Weightman (Plaintiff) Mr T. Ower (Defendant)