McCue v SAS Trustee Corporation [2010] NSWIRComm 141

Industrial Court of New South Wales

CITATION: McCue v SAS Trustee Corporation [2010] NSWIRComm 141

PARTIES: John Matthew McCue (Appellant) SAS Trustee Corporation (Respondent)

FILE NUMBER(S): IRC 58 of 2010

CORAM: Boland J President

CATCHWORDS: SUPERANNUATION - Appeal under s 88 of the Superannuation Administration Act 1996 - Former police officer seeking orders for determination of claim for hurt on duty - Trustee declined to deal with claim until appellant provided an authority to obtain a medical report that the trustee believed to be relevant to the subject matter of his dispute and had not given a reasonable explanation for failing to do so - Appellant declined to say whether medical report existed but even if it did it was subject to legal professional privilege - Consideration of common law regarding legal professional privilege - Advice privilege - Litigation privilege - Whether immunity attaching to privilege overcome by words of relevant statute - Absence of any material upon which to determine whether claim for privilege may be upheld

Evidence Act 1995 LEGISLATION CITED: Police Regulation (Superannuation) Act 1906 Superannuation Administration Act 1996 Trade Practices Act 1974 (Cth)

Attorney-General for the Northern Territory v Maurice [1986] HCA 80; (1986) 161 CLR 475 Baker v Campbell [1983] HCA 39; (1983) 153 CLR 52 CASES CITED: Esso Australia Resources Ltd v Commissioner of Taxation of the Commonwealth of Australia [1999] HCA 67; (1999) 201 CLR 49 Mann v Carnell [1999] HCA 66; (1999) 201 CLR 1 Pratt Holdings Pty Ltd v Commissioner of Taxation [2004] FCAFC 122; (2004) 207 ALR 217 The Daniels Corporation International Pty Ltd v Australian Competition and Consumer Commission [2002] HCA 49; (2002) 213 CLR 543