Griffiths v The Trustees of the Parliamentary Contributory Superannuation Fund [2011] NSWSC 983

Supreme Court New South Wales

Medium Neutral Citation: Griffiths v The Trustees of the Parliamentary Contributory Superannuation Fund [2011] NSWSC 983 Hearing dates: 29 July 2011 Decision date: 26 August 2011 Jurisdiction: Equity Division Before: Rein J Decision: 1. Summons dismissed. 2. Plaintiff to pay the defendant's costs. Catchwords: STATUTORY CONSTRUCTION - the plaintiff was married to a former member of NSW Parliament during his parliamentary career and when he retired at which point the former member became entitled to a pension - the plaintiff and the former member then divorced - they remarried shortly before the former member's death - the plaintiff has not remarried since and seeks payment of a pension as the former member's widow pursuant to s 23(1) of the Parliamentary Contributory Superannuation Act 1971 (NSW) - whether the plaintiff falls within the bracketed exception in s 23(1), ie "(not being a person who became the spouse or de facto partner of the former member after the former member became entitled to that pension)", as a matter of statutory construction Legislation Cited: Interpretation Act 1987 (NSW) Legislative Assembly Members Superannuation Act 1946 (NSW) Parliamentary Contributory Superannuation Act 1971 (NSW) Parliamentary Contributory Superannuation Act 1970 (QLD) Parliamentary Contributory Superannuation Act 1962 (VIC) Cases Cited: Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297 Harrison v Melhem (2008) 72 NSWLR 380; [2008] NSWCA 67 Kingston v Keprose Pty Ltd (No 3) (1987) 11 NSWLR 404 Newcastle City Council v GIO General Ltd (1997) 191 CLR 85 R v Young (1999) 46 NSWLR 681; [1999] NSWCCA 166 Taylor v Centennial Newstan Pty Ltd (2009) 76 NSWLR 379; [2009] NSWCA 276 Tokyo Mart Pty Ltd v Campbell (1988) 15 NSWLR 275 Wentworth Securities Ltd v Jones [1980] AC 74 Whiting v JDS Engineering and Labour Services Pty Ltd [2010] NSWCA 28 Category: Principal judgment Parties: Diane Maree Griffiths (plaintiff) The Trustees of the Parliamentary Contributory Superannuation Fund (defendant) Representation: D M J Bennett QC; A Tokley; A Flecknoe-Brown (plaintiff) M G Sexton SC; A Izzo (defendant) Indemnity Legal Pty Ltd (plaintiff) Crown Solicitor (defendant) File Number(s): SC 2010/396263