Crown in right of the State of New South Wales v Maund Maund v FSS Trustee Corporation [2013] NSWSC 183

Supreme Court New South Wales

Medium Neutral Citation: Crown in right of the State of New South Wales v Maund Maund v FSS Trustee Corporation [2013] NSWSC 183 Hearing dates: 25/09/2012, 13/11/2012 Decision date: 12 March 2013 Jurisdiction: Equity Division Before: Lindsay J Decision: In the Crown's proceedings, the Crown is entitled to judgment against Ms Maund for $467,856.00 plus interest. Ms Maund is entitled to judgment against FSS for $29,177.00, with the question of interest reserved for further consideration. Costs reserved for consideration in both proceedings. Short Minutes to be brought in. Catchwords: INDUSTRIAL LAW - New South Wales - payment and recovery of remuneration and other amounts - payment under awards, agreements and permits - calculations of leave entitlements, salary and tax. INSURANCE - Accident and sickness insurance - The contract - construction of policy terms. Legislation Cited: Crown Employees (Police Officers Death and Disability Award 2005. Crown Employees (Police Officers - 2005) Award dated 14 July 2005 Crown Employees (Police Officers Death and Disability) Award dated 5 December 2005; Crown Employees (Police Officers - 2009) Award First State Superannuation Act 1992 NSW Insurance Contracts Act 1984 (Cth) Insurance Contracts Regulations 1985 (Cth) regulation 32 Taxation Administration Act 1953 (Cth) Police Act 1990 NSW Workers Compensation Act 1987 NSW Workplace Injury Management Act 1998 NSW Civil Procedure Act 2005 NSW Cases Cited: Toll [FGCT] Pty Limited v Alphapharm Pty Limited (2004) 219 CLR 165 at 179 [40] Pacific Carriers Limited v BNP Paribas (2004) 218 CLR 451 at 461-462 [22] Texts Cited: - Category: Principal judgment Parties: Crown in right of State of NSW D Maund D Maund FSS Trustee Corporation Ltd MetLife Insurance Ltd Representation: J Hyde (Crown) DF Villa (FSS Trustee Corporation) IM Jackman SC (MetLife) De Mestre & Co (Crown) Mackenzie & Thomas (FSS Trustee Corporation Ltd) Turks Legal (MetLife) File Number(s): 2011 / 00228253 2012 / 126353