NSW Caselaw
New South Wales Court of Appeal
CITATION: SAS Trustee Corporation v Patterson [2010] NSWCA 167
HEARING DATE(S): 6 July 2010
JUDGMENT DATE: 15 July 2010
JUDGMENT OF: Allsop ACJ at 1; Campbell JA at 30; Handley AJA at 31
DECISION: Appeal dismissed with costs.
CATCHWORDS: APPEAL – statutory appeal – District Court Act 1973, s 142N – party aggrieved by an award of the District Court in point of law - SUPERANNUATION – police superannuation – entitlement to additional amount of annual superannuation allowance – Police Regulation (Superannuation) Act 1906, s 10(1A)(b) – disabled member of the police force – benefits – no requirement to make application for payment and no time constraint prior to 30 June 2006 - STATUTES – interpretation – Police Regulation (Superannuation) Act 1906 – effect of s 10(1BA) inserted by the Superannuation Legislation Amendment Act 2006 – right accrued before the date of its operation – no contrary intention to affect accrued rights – construction in accordance with the Interpretation Act 1987, s 30(1)(c)
District Court Act 1973 (NSW), s 142 G, J, M, N LEGISLATION CITED: Interpretation Act 1987 (NSW), s 30(1)(c) Police Regulation (Superannuation) Act 1906 (NSW) ss 1, 3, 10, 10(1A), 10(1BA), 16A, 21 Superannuation Legislation Amendment Act 2006 (NSW)
CATEGORY: Principal judgment
Maxwell v Murphy [1957] HCA 7; 96 CLR 261 CASES CITED: Rodway v The Queen [1990] HCA 19; 169 CLR 515 Victrawl Pty Ltd v Telstra Corporation Ltd [1995] HCA 51; 183 CLR 595
PARTIES: SAS Trustee Corporation (Appellant) Trevor Hilton Patterson (Respondent)
FILE NUMBER(S): CA 2009/298573
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