Collins v SAS Trustee Corporation [2012] NSWDC 225

District Court New South Wales

Medium Neutral Citation: Collins v SAS Trustee Corporation [2012] NSWDC 225 Hearing dates: 8-9 October 2012 Decision date: 09 October 2012 Before: Neilson DCJ Decision: I set aside the decision of the defendant made on 25 August 2011 (communicated on 26 August 2011). I determine that the plaintiff's hurt on duty pension be increased by 9.8% of the salary of his office to 82.55% of the salary of his office. The increased pension is payable from 27 October 2010. I order the defendant to pay the plaintiff's costs. Catchwords: Police - Police officer certified as suffering with PTSD and major depression - Condition caused by being HOD - Officer medically discharged from police force - Two applications for increase in HOD pension resulted in increase to 80% of salary of office at date of medical discharge - Plaintiff applied for increase to 85% of salary of office - Additional amount of pension must be commensurate with disabled member's incapacity for work outside police force - Variation in existing pension requires evidence of change of circumstances or fresh evidence Legislation Cited: Police Regulation (Superannuation) Act 1906, s 10(1A) Cases Cited: Ball v William Hunt and Sons Limited [1912] AC 496 McDougall v SAS Trustee Corporation (unreported, 18 October 2004, RJ9881/03) Moran Healthcare Services v Woods (1997) 14 NSWCCR 499 Wilson v SAS Trustee Corporation (unreported, 1 November 2007, RJ369/06) Category: Principal judgment Parties: Andrew Mark Collins (Plaintiff) SAS Trustee Corporation (Defendant) Representation: Mr T Edwards (Plaintiff) Mr T Ower (Defendant) Harris Wheeler (Plaintiff) Mr R Blume (Defendant) File Number(s): RJ014/12