Miles v SAS Trustee Corporation [2010] NSWIRComm 69

Industrial Court of New South Wales

CITATION: Miles v SAS Trustee Corporation [2010] NSWIRComm 69

PARTIES: Peter Miles (Applicant) SAS Trustee Corporation (Respondent)

FILE NUMBER(S): IRC 1557 of 2009

CORAM: Staff J

SUPERANNUATION - APPEAL - decision of SAS Trustee Corporation - appeal by former police officer from decision of trustee declining to amend s 10B(1) certificate of the Police Regulation (Superannuation) Act 1906 by including additional infirmity - medical discharge and superannuation pension based on all infirmities claimed at the time of discharge - trustee rejected applicant's right to make further application to add infirmity - held - appellant cannot now be validly aggrieved by the terms of the s 10B(1) certificate - appeal dismissed CATCHWORDS: POLICE - SUPERANNUATION - APPEAL - decision of SAS Trustee Corporation - appeal by former police officer from decision of trustee declining to amend s 10B(1) certificate of the Police Regulation (Superannuation) Act 1906 by including additional infirmity - medical discharge and superannuation pension based on all infirmities claimed at the time of discharge - trustee rejected applicant's right to make further application to add infirmity - held - appellant cannot now be validly aggrieved by the terms of the s 10B(1) certificate - appeal dismissed

LEGISLATION CITED: Police Regulation (Superannuation) Act 1906 Superannuation Administration Act 1996

Commissioner of Police v SAS Trustee Corporation (2002) 131 IR 243 Day v SAS Trustee Corporation (2009) 187 IR 338 CASES CITED: Gilberg v Stevedoring Employees Retirement Fund Pty Limited [2008] NSWSC 1318 Murray v Commissioner of Police (2004) 2 DDCR 31 Saad v Commissioner of Police (1995) 12 NSWCCR 70 Tonkin v Western Mining Corporation Limited (1998) 10 ANZ Insurance Cases 61 - 397, Supreme Court of Western Australia, Full Court, (at 74 - 270)