Locker v SAS Trustee Corporation [2013] NSWIRComm 23

Industrial Relations Commission New South Wales Medium Neutral Citation: Locker v SAS Trustee Corporation [2013] NSWIRComm 23 Hearing dates: 6 - 7 March 2013 Decision date: 28 March 2013 Jurisdiction: Industrial Court of NSW Before: Staff J Decision: 1. The appeal is dismissed. 2. I reserve the question of costs. The parties have liberty to apply. Such liberty is to be exercised within 28 days of the date of this judgment. Catchwords: APPEAL - SUPERANNUATION - decision of SAS Trustee Corporation - appellant resigned from NSW Police Force in 1998 - application for medical discharge benefit made in 2010 - what version of s 10B(2) of the Police Regulation Superannuation Act 1906 (NSW) is applicable - whether operation of 2007 amendment retrospective - whether appellant incapable from infirmity of body or mind of discharging the duties of a police prosecutor - held - appellant capable of discharging the duties of a police prosecutor at the time of his resignation - appeal dismissed - costs reserved - Police Regulation (Superannuation) Act 1906, s 10B(2) Legislation Cited: Police Act 1990 Police Regulation (Superannuation) Act 1906 Police Superannuation Legislation Amendment Act 2006 Police Superannuation Legislation Amendment Act 2007 Superannuation Administration Act 1996 Superannuation Legislation Amendment Act 2006 Cases Cited: Aveling v UBS Capital Markets Australia Holdings [2004] NSWIRComm 261; (2004) 135 IR 98 Boland v SAS Trustee Corporation [1999] NSWIRComm 488; (1999) 97 IR 127 Morley v SAS Trustee Corporation [2007] NSWIRComm 90; (2007) 162 IR 77 SAS Trustee Corporation v Ainsworth [2011] NSWIRComm 128; (2011) 213 IR 329 SAS Trustee Corporation v Cox [2011] NSWCA 408; (2011) 285 ALR 623 Category: Principal judgment Parties: Robert John Locker (Appellant) SAS Trustee Corporation (Respondent) Representation: Mr J Pearce of counsel (Appellant) Mr T Ower of counsel (Respondent) Baker & Edmunds (Appellant) SAS Trustee Corporation (Respondent) File Number(s): IRC 874 of 2012