Daley v SAS Trustee Corporation [2016] NSWCA 111

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Daley v SAS Trustee Corporation [2016] NSWCA 111 Hearing dates: 4 May 2016 Date of orders: 16 May 2016 Decision date: 16 May 2016 Before: McColl JA at [1] Basten JA at [63] Ward JA at [137] Decision: (1) Appeal allowed with costs.

(2) Set aside the orders made by Neilson DCJ on 28 July 2015.

(3) Remit the matter to the District Court in its residual jurisdiction for determination in accordance with the judgment of this Court as to the appropriate date in terms of s 10(1D) of the Police Regulation (Superannuation) Act 1906 (NSW) that payment of the additional amount of superannuation to the appellant takes effect, noting:

(a) The finding of the District Court that at all relevant times the appellant was, in terms of s 10(1A)(b), relevantly incapacitated commensurate with payment of an 'additional amount' of superannuation of 12.25% of the appellant's attributed salary of office is not disturbed by these orders; (b) These orders do not affect the entitlement of the parties to seek costs orders of the original hearing before Neilson DCJ or costs orders of any remittal hearing. Catchwords: APPEAL – statutory appeal – District Court Act 1973 (NSW), s 142N – whether appellant aggrieved by award in point of law – whether primary judge determined appellant not an aggrieved person within meaning of s 21(1), Police Regulation (Superannuation) Act 1906 (NSW)

STATUTORY INTERPRETATION – construing statute conferring jurisdiction on court – whether jurisdiction dependent on satisfaction of judge of court concerned – construing facultative provision