SAS Trustee Corporation v Green [2014] NSWCA 289

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: SAS Trustee Corporation v Green [2014] NSWCA 289 Hearing dates: 28/07/2014 Decision date: 28 August 2014 Before: Macfarlan JA at [1]; Ward JA at [2]; Emmett JA at [3] Decision: 1 Appeal dismissed. 2 The appellant pay the respondent's costs of the appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: SUPERANNUATION - additional amount payable to a disabled member of the police force who was required to be exposed to "risks to which members of the general workforce would normally not be required to be exposed in the course of their employment" - construction of s 10(1A)(c) of the Police Regulation (Superannuation) Act 1906 (NSW) - degree of specificity with which "risks" should be characterised - whether the risks to which the respondent was exposed were sufficiently exceptional - whether the additional amount awarded by the trial judge was commensurate with those risks Legislation Cited: District Court Act 1973 (NSW), s 142N Police Regulation (Superannuation) Act 1906 (NSW), ss 1, 3, 10(1A), 10B, 21 Workers Compensation Act 1987 (NSW) Cases Cited: Nil Texts Cited: Macquarie Dictionary (6th ed, 2013) New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 16 October 1979 Category: Principal judgment Parties: SAS Trustee Corporation (Appellant) Elizabeth Green (Respondent) Representation: Counsel: R Perrignon (Appellant) I Roberts SC with M Hammond (Respondent) Solicitors: SAS Trustee Corporation (Appellant) Harris Wheeler Lawyers (Respondent) File Number(s): 2013/288014 Publication restriction: Nil Decision under appeal Citation: Green v State Super SAS Trustee Corporation [2013] NSWDC 200 Date of Decision: 2013-08-28 00:00:00 Before: Neilson DCJ File Number(s): 669/2012