Griffiths v The Trustees of the Parliamentary Contributory Superannuation Fund [2012] NSWCA 231

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Griffiths v The Trustees of the Parliamentary Contributory Superannuation Fund [2012] NSWCA 231 Hearing dates: 12 July 2012 Decision date: 03 August 2012 Before: McColl JA at [1]; Campbell JA at [2]; Meagher JA at [3]. Decision: (1) Appeal dismissed. (2) Appellant to pay the respondent's 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: STATUTORY INTERPRETATION - appellant and former member of Legislative Assembly married for duration of parliamentary service, divorced and remarried just prior to former member's death - whether appellant entitled to pension pursuant to s 23(1) of the Parliamentary Contributory Superannuation Act 1971 - extrinsic materials not able to be relied upon to displace clear words of statute Legislation Cited: Legislative Assembly Members Superannuation Act 1946 Marriage Act 1961 (Cth) Parliamentary Contributory Superannuation Act 1962 (Vic) Parliamentary Contributory Superannuation Act 1971 Property (Relationships) Act 1984 Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (Northern Territory) [2009] HCA 41; 239 CLR 27 CIC Insurance Ltd v Bankstown Football Club Ltd [1997] HCA 2; 187 CLR 384 Harrison v Melhem [2008] NSWCA 67; 72 NSWLR 380 Hepples v Federal Commissioner of Taxation [1992] HCA 3; 173 CLR 492 Kingston v Keprose Pty Ltd (1987) 11 NSWLR 404 Network Ten Pty Ltd v TCN Channel Nine Pty Ltd [2004] HCA 14; 218 CLR 273 Newcastle City Council v GIO General Ltd [1997] HCA 53; 191 CLR 85 Nominal Defendant v GLG Australia Pty Ltd [2006] HCA 11; 228 CLR 529 Northern Territory of Australia v Collins [2008] HCA 49; 235 CLR 619 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; 194 CLR 355 R v Young [1999] NSWCCA 166; 46 NSWLR 681 Re Bolton; Ex parte Beane [1987] HCA 12; 162 CLR 514 Saeed v Minister for Immigration & Citizenship [2010] HCA 23; 241 CLR 252 Wentworth Securities Ltd v Jones [1980] AC 74 Texts Cited: New South Wales, Report by the Committee of Inquiry to Review the Emoluments of Statutory and other Senior Officeholders, (25 October 1971) Category: Principal judgment Parties: Diane Maree Griffiths (Appellant) The Trustees of the Parliamentary Contributory Superannuation Fund (Respondent) Representation: Counsel: DMJ Bennett QC; AL Tokley; AK Flecknoe-Brown (Appellant) MG Sexton SC; M Izzo (Respondent) Solicitors: Indemnity Legal, North Ryde (Appellant) Crown Solicitor's Office (Respondent) File Number(s): 2010/396263 Decision under appeal Citation: Griffiths v The Trustees of the Parliamentary Contributory Superannuation Fund [2011] NSWSC 983 Date of Decision: 2011-08-26 00:00:00 Before: Rein J File Number(s): 2010/396263