Locker v SAS Trustee Corporation (No 2) [2014] NSWIRComm 14

Industrial Relations Commission New South Wales Medium Neutral Citation: Locker v SAS Trustee Corporation (No 2) [2014] NSWIRComm 14 Hearing dates: 18 November 2013 Decision date: 17 January 2014 Jurisdiction: Industrial Court of NSW Before: Boland J, President, Walton J, Vice-President, Backman J Decision: The Full Bench makes the following orders: (1)Leave to appeal is refused (2)The appellant shall pay the respondent's costs as agreed or assessed. Catchwords: APPEAL - Application for leave to appeal and appeal from a first instance judgment in which the Court dismissed an appeal brought pursuant to s 88 of the Superannuation Administration Act 1996 against a decision of the respondent - Respondent declined to certify the appellant was incapable of personally exercising the functions of a police officer thereby depriving the appellant of a hurt-on-duty pension - Parties required to address question of leave as a threshold issue - STATUTORY INTERPRETATION - which was the applicable statutory provision: was it the provision at the time of the appellant's resignation from the police force or the provision that applied when the application for certification of the appellant's infirmity was made 12 years later? No error at first instance in primary judge determining that the applicable statutory provision was the later provision - Factual findings open on the evidence - Leave refused Legislation Cited: Industrial Relations Act 1996 Police Act 1990 Police Regulation (Superannuation) Act 1906 Superannuation Administration Act 1996 Cases Cited: Locker v SAS Trustee Corporation [2013] NSWIRComm 23 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 I Latham of counsel (Appellant) Mr T Ower of counsel (Respondent) Baker & Edmunds (Appellant) SAS Trustee Corporation (Respondent) File Number(s): IRC 279 of 2013 Decision under appeal Date of Decision: 2013-03-28 00:00:00 Before: Staff J File Number(s): IRC 874 of 2012