Daley v SAS Trustee Corporation (No 2) [2016] NSWDC 285

District Court New South Wales

Medium Neutral Citation: Daley v SAS Trustee Corporation (No 2) [2016] NSWDC 285 Hearing dates: 8 - 9 August 2016 Date of orders: 09 August 2016 Decision date: 09 August 2016 Jurisdiction: Civil Before: Neilson DCJ Decision: Decision made by the defendant on 2 May 2014 set aside

Determination that 85% of the salary of the plaintiff's office at the date of the plaintiff's medical discharge be payable to him from 6 September 2003

Defendant pay the plaintiff's costs up to and including 28 July 2015

Defendant pay the plaintiff's costs of callover of 14 June 2016 and plaintiff's costs of 8 August 2016 Catchwords: POLICE SUPERANNUATION – Claim under s 10(1A)(b) or (c) of Police Regulation (Superannuation) Act, 1906 – Pension increased to 85% for total incapacity – Increase granted from date on which application for increase received – Rehearing after appeal: [2016] NSWCA 111 – Significance of delay – Delay explained – Significance of failure to ask for backdating – Reason apparent after further evidence adduced – Increase in pension backdated to time of initial grant Legislation Cited: Police Regulation (Superannuation) 1906 (NSW) Cases Cited: Daley v SAS Trustee Corporation [2015] NSWDC 183; (295) 20 DCLR (NSW) 362 Daley v SAS Trustee Corporation [2016] NSWCA 111 Pinkerton v SAS Trustee Corporation (10 August 2007, RJ00319/06, unreported) Category: Principal judgment Parties: Paul Daley (Plaintiff) SAS Trustee Corporation (Defendant) Representation: Counsel: Mr P O'Rourke (Plaintiff) Mr T Ower (Defendant)