Wilson v SAS Trustee Corporation [2024] NSWCA 53

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Wilson v SAS Trustee Corporation [2024] NSWCA 53 Hearing dates: 27 February 2024 Date of orders: 12 March 2024 Decision date: 12 March 2024 Before: Leeming JA at [1]; Kirk JA at [15]; Griffiths AJA at [16] Decision: The appeal is dismissed, with costs. Catchwords: WORKERS COMPENSATION – Police Superannuation Scheme – where a member seeks to have a further infirmity certified under s 10B(1) or his earlier certification of infirmity amended to include an additional infirmity for the purpose of being entitled to increased annual superannuation allowance pursuant to ss 10 and 10B of the Police Regulation (Superannuation) Act 1906 (NSW) STATUTORY INTERPRETATION – whether an additional infirmity may be certified under s 10B(1) of the Police Regulation (Superannuation) Act 1906 (NSW) in circumstances where a previous certification of a different infirmity was made prior to the police officer's discharge Legislation Cited: Archives Act 1960 (NSW) ss 2, 14, 15 District Court Act 1973 (NSW) s 142N Compensation Court Repeal Act 2002 (NSW) Interpretation Act 1987 (NSW) s 48 Police Regulation (Superannuation) Act 1906 (NSW) ss 2J, 3, 5, 7, 8, 10, 10B, 12D, 14, 16, 21 Police Regulation (Superannuation) Amendment Act 1987 (NSW) State Authorities Non-contributory Superannuation Act 1987 (NSW) State Records Act 1998 (NSW) ss 3, 21 Superannuation Administration Act 1996 (NSW) ss 4, 49 Workers Compensation Act 1987 (NSW) Pt 3 Divs 3, 4 and 5 Cases Cited: Fisher v Nonconformist Pty Ltd [2024] NSWCA 32 Miles v SAS Trustee Corporation [2017] NSWCA 86 SAS Trustee Corporation v Miles (2018) 265 CLR 137; [2018] HCA 55 SAS Trustee Corporation v Rossetti [2018] NSWCA 68 Wilson v SAS Trustee Corporation (No 1) [2020] NSWDC 804 Wilson v SAS Trustee Corporation (No 2) [2021] NSWDC 840 Wilson v SAS Trustee Corporation (No 4) [2023] NSWDC 224 Texts Cited: New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 16 October 1979 at 1844 The State Records Authority of New South Wales, General Disposal Authority Administrative Records (GDA 2) (1998 reprint) at 17 The State Records Authority of New South Wales, General Disposal Authority Personnel Records (GDA 3) (1998 reprint) at 18 Category: Principal judgment Parties: Steven Wilson (Appellant) SAS Trustee Corporation (Respondent) Representation: Counsel: JM Morris SC/EM O'Neill/FFF Salama (Appellant) JS Emmett SC/TM Ower (Respondent)