NSW Caselaw
New South Wales Court of Appeal
CITATION: SAS TRUSTEE CORPORATION v BUDD [2005] NSWCA 366
HEARING DATE(S): 6 July 2005
JUDGMENT DATE: 28 October 2005
JUDGMENT OF: Mason P at 1; Handley JA at 55; McColl JA at 56
DECISION: Appeal upheld.
CATCHWORDS: VICTIMS COMPENSATION - injury in the course of duty as a police officer - Victims Compensation Act 1987 - appeal to the District Court - global award - absence of transcript of judge's reasons - evidentiary void - s12D, s12E Police Regulation (Superannuation) Act 1906 - gratuity - construction of s12E - permanent impairment compensation - compensation for pain and suffering - rule against double compensation - evidentiary onus - where shown that money was paid it is for the recipient to show that the money was not received in compensation for the loss. (D)
Police Regulation (Superannuation) Act 1906 Victims Compensation Act 1987 LEGISLATION CITED: Workers Compensation Act 1987 Victims Compensation Act 1996 (later renamed the Victims Support and Rehabilitation Act 1996)
BI (Contracting) Pty Ltd v Strikwerda [2005] NSWCA 288 Boncristiano v Lohmann [1998] 4 VR 82 Franklins Self Serve Pty Ltd v Wyber (1999) 48 NSWLR 249 Re Application of Foster [1982] 2 NSWLR 481 CASES CITED: SAS Trustee Corporation v Rayment (2000) 49 NSWLR 175 Seltsam Pty Ltd v Ghaleb [2005] NSWCA 208 Townsend v Stone Toms & Partners (1984) 27 BLR 26 Waugh v Kippen (1986) 160 CLR 156 at 164
PARTIES: SAS TRUSTEE CORPORATION v Esca BUDD
FILE NUMBER(S): CA 40744/2004
Appellant: G Watson SC/ T Ower COUNSEL: Respondent: R de Meyrick
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