Perrin v SAS Trustee Corporation [2014] NSWDC 203

District Court New South Wales

Medium Neutral Citation: Perrin v SAS Trustee Corporation [2014] NSWDC 203 Hearing dates: 28 October 2014 Decision date: 28 October 2014 Before: Neilson DCJ Decision: Court has jurisdiction to find that proposed surgery is reasonably necessary as a result of the plaintiff's having been hurt on duty Catchwords: POLICE SUPERANNUATION - Whether SAS Trustee Corporation has power to make a decision as to proposed future medical treatment - Whether District Court hearing appeal pursuant to s 21 Police Regulation (Superannuation) Act 1906 (NSW) has power to make "declaration of liability" as to proposed future medical treatment or a like decision Legislation Cited: Compensation Court Repeal Act 2002 (NSW) District Court Act 1973 (NSW) Police Regulation (Superannuation) Act 1906 (NSW) Superannuation Administration Act 1996 (NSW) Workers Compensation Act 1987 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: Athey v United Steel Company Limited (1935) 28BWCC 435 [C.A.] Brespro Pty Limited v Keenahan (Egan CCJ, unreported, 12 May 1992) Chapman v Director General of School Education (Campbell CJ of CC, unreported, 19 November 1999) Devine v Brown's Wharf Limited [1949] WCR 70 Gunter v Gunter [1966] WCR 21 King v The Port of London Authority [1920] AC1 Lupton & Ors v Better Care Pty Ltd (1996) 13 NSWCCR 246 McEvoy v Southern Cross Homes (Broken Hill) Inc. [2001] NSWCC 168 Meredith v Barratt and Smith Pathology Pty Limited (Campbell CJ of CC, unreported, 17 February 1997) Telicki v Tennyson Textiles Pty Limited [1960] 34 WCR119 Waters Trading Company v Eade [1950] WCR 140 Widdup v Hamilton [2006] NSWWCCPD 258 Williams v Commissioner of Police (1994) 10 NSWCCR 350 Category: Separate question Parties: Scott D Perrin (Plaintiff) SAS Trustee Corporation (Defendant) Representation: Solicitors: Walter Madden Jenkins (Plaintiff) SMK Lawyers (Defendant) Counsel: Mr P O'Rourke (Plaintiff) Mr D Stanton (Defendant) File Number(s): RJ00256/13 Publication restriction: No