Cook v SAS Trustee Corporation [2014] NSWIRComm 43

Industrial Relations Commission New South Wales Medium Neutral Citation: Cook v SAS Trustee Corporation [2014] NSWIRComm 43 Hearing dates: 29 July 2014 Decision date: 26 August 2014 Jurisdiction: Industrial Court of NSW Before: Boland AJ Decision: The Court makes the following orders: (1) The appeal by Geoffrey Cook against the respondent's decision to decline to provide Mr Cook with a certificate under s 10B(2B) of the Police Regulation (Superannuation) Act 1906 is dismissed (2) The appellant shall pay the respondent's costs as agreed or assessed. Catchwords: APPEAL - appeal by former police officer against a decision of SAS Trustee Corporation in which it declined to provide to the appellant a certificate of medical incapacity under s 10B of the Police Regulation (Superannuation) Act 1906 - Injuries to back and neck whilst engaged as a highway patrol officer - Whether appellant incapable of discharging his duties as a highway patrol officer at the time of his resignation in August 1991 - Consideration of medical evidence - Domestic problems at time of resignation - Appeal dismissed Legislation Cited: Police Regulation (Superannuation) Act 1906 Superannuation Administration Act 1996 Cases Cited: Locker v SAS Trustee Corporation (No 2) [2014] NSWIRComm 14 Category: Principal judgment Parties: Geoffrey Cook (Appellant) SAS Trustee Corporation (Respondent) Representation: M Hammond of counsel (Appellant) T Ower of counsel (Respondent) Kim Smith & Associates (Appellant) SAS Trustee Corporation (Respondent) File Number(s): IRC 999 of 2013