Bigg v SAS Trustee Corporation [2016] NSWCA 236

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bigg v SAS Trustee Corporation [2016] NSWCA 236 Hearing dates: 17 August 2016 Decision date: 01 September 2016 Before: Beazley ACJ; Basten JA; Macfarlan JA Decision: (1) Leave to appeal refused.

(2) The applicant to pay the respondent's costs. Catchwords: SUPERANNUATION – police superannuation allowances under the Police Regulation (Superannuation) Act 1906 (NSW) – superannuation allowances where member of police hurt on duty – requirement that member have "resigned or retired" under s 10B – whether "resigned or retired" and "resignation or retirement" encompass unfair dismissal

APPEAL – application for leave to appeal – Industrial Relations Act 1996 (NSW), s 403B – Court to grant leave if, in its opinion, matter is of such importance that, in the public interest, leave should be granted – relevant principles where duty not engaged

WORDS AND PHRASES – "resigned or retired" – "resignation or retirement" – whether such words, as used in the Police Regulation (Superannuation) Act 1906 (NSW), s 10B, encompass unfair dismissal Legislation Cited: Industrial Relations Act 1991 (NSW) Industrial Relations Act 1996 (NSW) Police Regulation (Superannuation) Act 1906 (NSW), s 10B(2) Police Service Act 1990 (NSW), s 181B Police Service Amendment (NSW Police) Act 2002 (NSW) Police Service Amendment Act 1995 (NSW) Superannuation Administration Act 1996 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue [2009] HCA 41 Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Bigg v New South Wales Police Service (1998) 80 IR 434 Bigg v New Wales Police Service (1997) 72 IR 330 Carolan v AMF Bowling Pty Limited [1995] NSWCA 69 Certain Lloyd's Underwriters Subscribing to Contract No IH00AAQS v Cross [2012] HCA 56 Jaycar Pty Ltd v Lombardo [2011] NSWCA 284 Category: Principal judgment Parties: Malcolm Lorne Bigg (Applicant) SAS Trustee Corporation (Respondent) Representation: Counsel: In person (Applicant) T Ower (Respondent)