SAS Trustee Corporation v Arthur Cox [2011] NSWCA 408

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: SAS Trustee Corporation v Arthur Cox [2011] NSWCA 408 Hearing dates: 3 February 2011 Decision date: 20 December 2011 Before: McColl JA at [1]; Campbell JA at [136]; Sackville AJA at [154] Decision: 1. Appeal allowed. 2. Set aside the determination of Ashford DCJ made on 26 November 2009. 3. Remit the matter to the District Court in its residual jurisdiction for determination by that Court in accordance with law. 4. Respondent to pay the costs of the appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: SUPERANNUATION - police superannuation - backdating of superannuation entitlement for hurt on duty injury to date of medical discharge - application made 16 years after discharge - whether primary judge took into account irrelevant considerations or disregarded relevant considerations - Police Regulation (Superannuation) Act 1906 s 9A(4), s 10B

TRUSTS - Superannuation - defined benefit scheme - trustee a statutory body - duty of trustee -- whether trustee had a duty to advise beneficiaries of potential rights - relevance of contributions of fund

SUPERANNUATION - where delay in processing application pending legislative amendments - whether error in position of law in considering delay between application for benefit and decision Legislation Cited: Constitution (Consolidated Fund) Amendment Act 1982 Courts Legislation Amendment Act 2004 District Court Act 1973 Interpretation Act 1987 Police Act 1990 Police Regulation (Superannuation) Act 1906 Police Superannuation Legislation Amendment Act 2007 Superannuation Administration Act 1987 Superannuation Administration Act 1996 Superannuation Industry (Supervision) Act 1993 (Cth) Superannuation Legislation Amendment Act 2006 Trustee Act 1925 Workplace Injury Management and Workers Compensation Act 1998