NSW Caselaw
Industrial Court of New South Wales
CITATION: Stanley v SAS Trustee Corporation [2009] NSWIRComm 96
PARTIES: Anthony Stanley (Appellant) SAS Trustee Corporation (Respondent)
FILE NUMBER(S): 1745 of 2008
CORAM: Marks J
CATCHWORDS: APPEAL FROM DECISION OF STC - STC declined to certify appellant was incapable of personally exercising functions of police officer due to injury - appellant seeks an order that he be issued with a certificate of incapacity - appeal instituted out of time - leave granted to extend the time in which proceedings could be instituted - appellant hurt on duty - injury caused difficulty in carrying out police work - resigned from police force - appellant was refused re-employment - medical reports and oral evidence confirm injury - held as at date of resignation appellant incapable of personally exercising the functions of a police officer - certified accordingly
Police Act 1990 s6, s14 LEGISLATION CITED: Police Regulation (Superannuation) Act 1906 s1, s10B Superannuation Administration Act 1996 s88
CASES CITED: Ford, Roger v State Authorities Superannuation Board [1994] NSWIRComm 217 State of New South Wales v Tyszyk [2008] NSWCA 107
HEARING DATES: 25 & 26 May 2009
DATE OF JUDGMENT: 26 June 2009
Mr P O'Rourke of counsel (Appellant) Solicitor: Oates & Smith, Solicitors LEGAL REPRESENTATIVES: Mr T Ower of counsel (Respondent) Solicitor SAS Trustee Corporation
JUDGMENT:
INDUSTRIAL COURT OF NEW SOUTH WALES
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