Michael William Boyle as Executor of the Estate of the late John Patrick Boyle v State of New South Wales [2000] NSWSC 442

New South Wales Supreme Court

CITATION : Michael William Boyle as Executor of the Estate of the late John Patrick Boyle v State of New South Wales [2000] NSWSC 442 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 2989/99 HEARING DATE(S) : 10/05/00 JUDGMENT DATE : 10 May 2000

PARTIES : Michael William Boyle as Executor of the Estate of the late John Patrick Boyle (Plaintiff) State of New South Wales (Defendant) JUDGMENT OF : Santow J

COUNSEL : G F Cohen (Plaintiff) S B Benson (Defendant) SOLICITORS : Hinde & Ginges (Plaintiff) I V Knight Crown Solicitor (Defendant) CATCHWORDS : SUPERANNUATION — Meaning of retrenchment for purposes of the Superannuation Act 1916 as amended in 1987. LEGISLATION CITED : Public Authorities Superannuation Act, s5 Superannuation Act 1916 (NSW), s23(1)(a) and (b) CASES CITED : Australian Workers Union NSW Branch v Roads & Traffic Authority (NSW) (1989) 29 IR 202 DECISION : Termination not a retrenchment within the meaning of s23 of the Superannuation Act, 1916 (NSW)

REVISED — 24 May, 2000 IN THE SUPREME COURT OF NEW SOUTH WALES IN EQUITY

SANTOW J

No. 2989/99 MICHAEL WILLIAM BOYLE as Executor of the Estate of the late JOHN PATRICK BOYLE Plaintiff STATE OF NEW SOUTH WALES Defendant

JUDGMENT — ex tempore 10 May 2000

INTRODUCTION

1 The Plaintiff by a summons claims as Executor of the Estate of the late John Patrick Boyle, a declaration in the following terms: "1. A declaration that the termination on 12 June 1997 of the employment of the Late John Patrick Boyle with the New South Wales Department of Public Works and Services was not a retrenchment within the meaning of Section 23 of the Superannuation Act, 1916 (NSW)."