Terry Swift v SAS Trustee Corporation [2009] NSWDC 149

New South Wales District Court

CITATION: Terry Swift v SAS Trustee Corporation [2009] NSWDC 149

HEARING DATE(S): 5 June 2009 EX TEMPORE JUDGMENT DATE : 5 June 2009

JURISDICTION: Civil

JUDGMENT OF: C Armitage DCJ

DECISION: I order that the decision of the defendant dated 19 December 2007 backdating the plaintiff's superannuation pension to the date of his application on 1 March 2004 be confirmed.

CATCHWORDS: Police superannuation - backdating of plaintiff's superannuation allowance to date of medical retirement refused when application made some 20 years after date of resignation.

Police Regulation (Superannuation) Act 1906. LEGISLATION CITED: Superannuation Legislation Amendment Act 2006 Superannuation Legislation Amendment Regulation 2006. Superannuation Administration Act 1996

Maxwell v Murphy (1957) 96 CLR 261 Carr v Finance Corporation Australia Ltd [2] (1982) 150 CLR 139. CASES CITED: Hawkesley v May (1956) 1 QB 304 Corin v Patton (1990) 169 CLR 540 Hawkins v Clayton (1988) 164 CLR 539 Hartigan Nominees Pty Ltd v Rydge (1992) 29 NSW LR 432

PARTIES: Terry Swift (Plaintiff) SAS Trustee Corporation (Defendant)

FILE NUMBER(S): RJ00243/08

COUNSEL: Mr G Gemmell (plaintiff) Mr T Ower (defendant)

JUDGMENT

1 HIS HONOUR: By further amended statement of claim filed by leave in court today, without objection from the defendant, the plaintiff claims that the decision of the defendant in terms of s 9A(4)(a) of the Police Regulation (Superannuation) Act 1906 (the Act) dated 19 December 2007 be set aside and that an order in terms of s 9A(4) of the Police Regulation (Superannuation) Act 1906 (as amended currently as at 20 February 2004) be made to the effect that the plaintiff be awarded a superannuation allowance of 72.75 percent of his salary as at the date of discharge and that that payment be backdated from the date of his discharge, being 5 November 1981.