NSW Caselaw
Industrial Court of New South Wales
CITATION: Morley v SAS Trustee Corporation [2007] NSWIRComm 90
APPELLANT: Christopher Morley PARTIES: RESPONDENT: SAS Trustee Corporation
FILE NUMBER(S): IRC 3406 of 2006
CORAM: Wright J President; Walton J Vice-President; Boland J
CATCHWORDS: Appeal - Superannuation - Police - Statutory Interpretation - Superannuation entitlement - s10B(2BA) Police Regulation (Superannuation) Act - whether incapable of performing duties of office and duties of constable - regard to be had to functions conferred or imposed on a constable - regard to performance of functions by reference to particular rank or office of the police officer under consideration - appropriate to find superintendent capable of performing duties of a constable by delegating certain tasks to more junior officers - oath of office relevant to proper interpretation of s10B(2BA) - leave to appeal granted as to construction of s10B (2BA), otherwise refused - appeal dismissed - costs.
Industrial Relations Act 1996 s 188 LEGISLATION CITED: Superannuation Administration Act 1996 s 88 Police Regulation (Superannuation) Act 1906 s 10B Police Act 1990 ss 13, 14
Boland v SAS Trustee Corporation (1999) 97 IR 127 Griffiths v Haines [1984] 3 NSWLR 653 CASES CITED: Morley v SAS Trustee Corporation [2006] NSWIRComm 320 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 SAS Trustee Corporation v Daykin (2002) 115 IR 172
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate