Swift v SAS Trustee Corporation [2010] NSWCA 182

New South Wales Court of Appeal

CITATION: Swift v SAS Trustee Corporation [2010] NSWCA 182

HEARING DATE(S): 15 April 2010

JUDGMENT DATE: 3 August 2010

JUDGMENT OF: Allsop P at [1]; Basten JA at [2]; Young JA at [51]

DECISION: The appeal is dismissed with costs.

CATCHWORDS: APPEAL- statutory appeal to District Court- role of judge on merit review of decision of trustee- whether primary judge failed to take into account relevant consideration of "the best interests of appellant" and the absence of prejudice to other beneficiaries- whether duty of trustee to exercise discretion favourably to applicant- District Court Act 1973, s 142J- consideration of "the best interests of appellant" and the absence of prejudice to other beneficiaries- whether duty of trustee to exercise discretion favourably to applicant. SUPERANNUATION- police superannuation- Police Regulation (Superannuation) Act 1906 s 9A(4)- backdating of superannuation allowance to date of retirement-application made some 20 years after date of resignation- whether primary judge took into account irrelevant considerations or disregarded relevant considerations. WORDS AND PHRASES- "proper, genuine and realistic consideration"- "real merits and justice of the case".

Compensation Court Repeal Act 2002 District Court Act 1973, ss 142G, 142J, 142M, 142N Migration Act 1958 (Cth) Police Act 1990, s 14(1) LEGISLATION CITED: Police Regulation (Superannuation) Act 1906, ss 9A, 10, 10B, 21 Police Regulation (Superannuation) Amendment Act 1974, s 9(g)(i) Superannuation Administration Act 1996, ss 49, 51 Superannuaation Legislation Amendment Act 2006, Sch 1.2 Trustee Act 1925