Picker v SAS Trustee Corporation [2009] NSWIRComm 53

Industrial Court of New South Wales

CITATION: Picker v SAS Trustee Corporation [2009] NSWIRComm 53

APPELLANT: Terry Picker PARTIES: RESPONDENT: SAS Trustee Corporation

FILE NUMBER(S): IRC 1874 of 2008

CORAM: Boland J President

CATCHWORDS: SUPERANNUATION - Appeal against determination by respondent declining to pay superannuation allowance under Police Regulation (Superannuation) Act 1906 - Late application - Whether appellant had accrued right to apply for superannuation allowance - Whether there was a conflict between statutory provisions - Held no accrued right - Held no conflict of statutory provisions - Order that respondent to consider late application in accordance with terms of Police Regulation (Superannuation) Act 1906

Aboriginal Land Rights Act 1983 Industrial Relations Act 1996 Interpretation Act 1987 Landlord and Tenant (Amendment) Act 1948 LEGISLATION CITED: Landlord and Tenant (Amendment) Act 1968 Police Regulation (Superannuation) Act 1906 Superannuation Administration Act 1996 Superannuation Legislation Amendment Act 2000 Superannuation Legislation Amendment Act 2006 Western Lands Act 1901

Anthony Hordern and Sons Ltd v The Amalgamated Clothing and Allied Trades Union of Australia (1932) 47 CLR 1 Boyce v Hughes (1970) 72 SR 54 Colley v Futurebrand FHA Pty Ltd & Anor [2005] NSWCA 223; 63 NSWLR 291 CASES CITED: Commissioner of Police (NSW) v Gray [2009] NSWCA 49 Director of Public Works v Ho Po Sang [1961] AC 901 Goodwin v Phillips (1908) 7 CLR 1 New South Wales Aboriginal Land Council v Minister Administering the Crown Lands Act (The Winbar Claim No 3) (1988) 14 NSWLR 68 Royal Automobile Club of Australia Incorporating Imperial Service Club v Sydney City Council (1992) 27 NSWLR 282