Warburton v SAS Trustee Corporation [2003] NSWSC 81

New South Wales Supreme Court

CITATION : Warburton v SAS Trustee Corporation [2003] NSWSC 81 13, 21 & 25 November 2002 HEARING DATE(S) : 17 December 2002 31 January 2003 14 February 2003 JUDGMENT DATE : 25 February 2003

JURISDICTION: Common Law Administrative JUDGMENT OF : Sperling J at 1 DECISION : See paragraphs 74, 86 & 87 of the judgment.

CATCHWORDS : Statutes - interpretation - quantification of pension entitlement under Superannuation Act 1916 (as at 29 July 1975) LEGISLATION CITED : Superannuation Act 1916 (as at 29 July 1975), s2, s11, s12, s12B, s14, s15, s21, s21B, s22, s27, s28A, s29, s30, s31, s91 CASES CITED : McCaffrey v SAS Trustee Corporation (Supreme Court, 19 December 1997, unreported) PARTIES : Betty Mary Warburton SAS Trustee Corporation FILE NUMBER(S) : SC 30044/02 COUNSEL : Mr A Ogborne for the Plaintiff Mr AJ Meagher SC with Mr G Burton for the Defendant SOLICITORS : AC Knibb Kaine & Associates Solicitors & Attorneys for the Plaintiffs SAS Trustee Corporation for the Defendant

- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION Administrative Law List

Sperling J

Tuesday, 25 February 2003

30044/02 Betty Mary Warburton v SAS Trustee Corporation

Judgment 1 His Honour: Alan George Wilson had been a public servant for many years when he died on 12 May 1974 at the age of 56. A pension thereupon became payable to his widow, Betty Mary Warburton, under the Superannuation Act 1916 ("the Act"). 2 Ms Warburton claims to have become entitled to a larger pension than that which has been paid. She has instituted these proceedings in prosecution of her claim. 3 In the case of McCaffrey v SAS Trustee Corporation (Supreme Court, 19 December 1997, unreported), Studdert J decided the same question as arises in the present proceedings. The decision was in favour of the claimant. I should follow that decision unless satisfied that it was clearly incorrect.