Robinson v SAS Trustee Corporation [2016] NSWDC 408

District Court New South Wales

Medium Neutral Citation: Robinson v SAS Trustee Corporation [2016] NSWDC 408 Hearing dates: 5-7 December 2016 Date of orders: 07 December 2016 Decision date: 07 December 2016 Jurisdiction: Civil Before: Neilson DCJ Decision: Set aside the decision of the defendant made on 30 July 2015

Superannuation allowance increased to 81% Catchwords: POLICE SUPERANNUATION – Application to increase superannuation allowance – P resigned from Police Force on 4 March 1999 – Subsequently granted basic HOD pension for PTSD – In May 2000 sought to increase pension to 100% -- D granted increase to 77% backdated to 4 March 1999 on 26 July 2000 – Application for further increase recovered by D on 1 October 2014 – Between 2000 and 2013/2014 P had been working and for a long period was self-employed – After collapse of his business and breakdown of his marriage P perceived himself to be totally incapacitated for any form of working

Supervening infirmity major depression and/or alcohol use disorder not certified by PSAC as duty related (HOD) or related to PTSD – Could not be taken into account – Whether change of circumstance or fresh evidence – Inability to run own business both a change of circumstances and fresh evidence – Work capacity outside police force was two-thirds – Superannuation allowance increased to 81% Legislation Cited: Police Regulation (Superannuation) Act 1908 Cases Cited: Lembcke v SASTC (2003) 25 NSWCCR 464 Miles v SASTC [2016] NSWDC 56 Category: Principal judgment Parties: Gregory Stephen Robinson (Plaintiff) SAS Trustee Corporation (Defendant) Representation: Counsel: Mr M Hammond (Plaintiff) Mr T Ower (Defendant)