Daley v SAS Trustee Corporation [2015] NSWDC 183

District Court New South Wales

Medium Neutral Citation: Daley v SAS Trustee Corporation [2015] NSWDC 183 Hearing dates: 24 July 2015; 27 - 28 July 2015 Date of orders: 28 July 2015 Decision date: 28 July 2015 Jurisdiction: Civil Before: Neilson DCJ Decision: Application dismissed

Decision of the defendant of 2 May 2014 confirmed Catchwords: POLICE SUPERANNUATION – Claim under s 10(1A)(b) or (c) of Police Regulation (Superannuation) Act 1906 – Defendant awarded an increase of pension commencing on date it received application for the benefit, 4 February 2014 – Plaintiff sought backdating to the date of commencement of his pension entitlement, 6 September 2003 – Section 10(1BA) only applies to a pension granted on or after that date and was inapplicable to the plaintiff's entitlement – Section 10(1A) applied – Meaning of "appropriate" – Principles of construction of the Act – Review of earlier authorities – Consideration of delay – Plaintiff failed to seek backdating when he applied to the defendant – Plaintiff not aggrieved by any decision of the defendant since he had not sought backdating of the benefit Legislation Cited: Police Regulation (Superannuation) Act 1906 Superannuation Legislation Amendment Act 2006 Cases Cited: Carswell v SAS Trustee Corporation [2014] NSWDC 47 Commissioner of Police v SAS Trustee Corporation [2002] NSWIRComm 31 Finch v Telstra Super Pty Ltd [2010] HCA 36 Hoffman v SAS Trustee Corporation (Ashford DCJ, 15 May 2013, RJ512/12) Lembcke v SAS Trustee Corporation [2003] NSWCA 136 Murphy v SAS Trustee Corporation (Ashford DCJ, 15 May 2013, RJ516/12) Norrie v New South Wales Registrar of Births, Deaths and Marriages [2013] NSWCA 147 Pinkerton v SAS Trustee Corporation (Truss DCJ, 10 August 2007, RJ319/06), Porto v SASTC [2014] NSWDC 15 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28 SAS Trustee Corporation v Cox [2011] NSWCA 408 SAS Trustee Corporation v Patterson [2010] NSWCA 167 SAS Trustee Corporation v Woollard [2014] NSWCA 75 Swift v SAS Trustee Corporation [2010] NSWCA 182 Tanks v SASTC (unreported, 1 September 2004, RJ894/03) Wheadon v SASTC (unreported, 19 September 2014, RJ558/13) Wheatley v SAS Trustee Corporation (unreported, 3 August 2011, RJ424/10) Category: Principal judgment Parties: Paul Stephen Joseph Daley (Plaintiff) SAS Trustee Corporation (Defendant) Representation: Counsel: Mr P O'Rourke (Plaintiff) Mr T Ower (Defendant)