Colquhoun v SAS Trustee Corporation [2024] NSWDC 319

District Court New South Wales

Medium Neutral Citation: Colquhoun v SAS Trustee Corporation [2024] NSWDC 319 Hearing dates: 5-8 February 2024 Date of orders: 8 February 2024 Decision date: 08 February 2024 Jurisdiction: Civil Before: Neilson DCJ Decision: I set aside the decision of the Defendant (PSAC) made on 29 June 2023, I determine that the Plaintiff's hurt on duty salary pension benefit be from 22 December 2021, 78.875% of the attributed salary of his office. Catchwords: POLICE – SUPERANNUATION BENEFIT – QUANTUM – Plaintiff entitled to base superannuation benefit – Computation of further benefit for partial incapacity in open labour market – What must be proved – Relevance of age – Where Plaintiff drawing large "salary" from own business in order to enjoy profit of business – Difference between superannuation and workers compensation. Legislation Cited: Police Regulation (Superannuation) Act 1906 Workers Compensation Act 1926 Cases Cited: Aitkin v Goodyear Tyre and Rubber Co (Aust) Ltd (1945) 46 SR (NSW) 20, 22. Heaney v BA Collieries Ltd [1944] 2 All ER 289, 291H. Lembcke v SAS Trustee Corporation (2003) 56 NSWLR 736, [48]. Miles v SASTC [2016] NSWDC 56, [40]. Pira Pty Ltd Trading as Langdon and Bartley v Tucker (1996) 14 NSWCCR 26, 31-32. SAS Trustee Corporation v Colquhoun [2022] NSWCA 184. SAS Trustee Corporation v Rosetti [2018] NSWCA 68, [38] - [40]. Texts Cited: Nil. Category: Principal judgment Parties: Plaintiff – Thomas Ferguson Colquhoun Defendant – SAS Trustee Corporation Representation: Counsel: Plaintiff – Mr Hammond, M. Defendant – Mr Ower, T.