Moss v SAS Trustee Corporation (No 2) [2016] NSWDC 287

District Court New South Wales

Medium Neutral Citation: Moss v SAS Trustee Corporation (No 2) [2016] NSWDC 287 Hearing dates: 29 - 31 August 2016 Date of orders: 31 August 2016 Decision date: 31 August 2016 Jurisdiction: Civil Before: Neilson DCJ Decision: Decision the defendant made on 29 January 2015 set aside

Determined that the plaintiff's superannuation allowance be increased to 81.94% from 21 December 2012 to 22 December 2015 and to 85% from 23 December 2015 to-date and continuing

Defendant to pay the plaintiff's costs Catchwords: POLICE SUPERANNUATION – Application for increased pension allowance – Plaintiff had a small earning capacity between discharge on 20 December 2012 and 22 December 2015 – Question of extent of incapacity for work outside the police force thereafter – Work should not be so menial as to be inconsistent with plaintiff's education, experience and background – Plaintiff should not be humiliated by being required to undertake part-time, menial work – Plaintiff totally incapacitated from 23 December 2015 Legislation Cited: Police Regulation (Superannuation) Act 1906 Cases Cited: Collins v SAS Trustee Corporation [2012] NSWDC 225 Category: Principal judgment Parties: Mathew Robert Moss (Plaintiff) SAS Trustee Corporation (Defendant) Representation: Counsel: Mr P O'Rourke (Plaintiff) Mr M Weightman (Solicitor) (Defendant)

Solicitors: Walter Madden Jenkins (Plaintiff) Rodney Blume (Defendant) File Number(s): RJ355/15 Publication restriction: No