NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Boland v SAS Trustee Corporation [2024] NSWDC 428 Hearing dates: 5 - 6 March 2024 Date of orders: 6 March 2024 Decision date: 06 March 2024 Jurisdiction: Civil Before: Neilson DCJ Decision: I grant the adjournment. Catchwords: POLICE – SUPERANNUATION – JURISDICTION – Plaintiff asks the Court to make a decision setting aside decisions of Defendant and remitting matter back to Defendant – Court has no power to do so – If Court sets aside Defendant's decision it must replace it with another decision - such relief not sought – Adjourned to allow Plaintiff to seek mandamus against Defendant in Supreme Court. Legislation Cited: Police Regulation (Superannuation) Act 1906 Cases Cited: Aon Risk Services Australia v Australia National University [2009] HCA 27; [2009] 239 CLR 174 [5] Boland v SAS Board [1998] NSWIRComm 155 Boland v SAS Trustee Corporation [1999] NSWIRcomm 488 Boland v SAS Trustee Corporation [2021] NSWDC 545 Boland v SAS Trustee Corporation [2023] NSWDC 590 Texts Cited: Nil. Category: Procedural rulings Parties: Plaintiff – Berrick Boland. Defendant – SAS Trustee Corporation. Representation: Counsel: Plaintiff – Mr Hammond, M. Defendant – Mr Ower, T.
Solicitors: Plaintiff – Cardillo Gray Partners. Defendant – SAS Trustee Corporation. File Number(s): 2022/00154404. Publication restriction: Nil.
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