Arnold v SAS Trustee Corporation [2017] NSWDC 53

District Court New South Wales

Medium Neutral Citation: Arnold v SAS Trustee Corporation [2017] NSWDC 53 Hearing dates: 22-24 February 2017 Date of orders: 24 February 2017 Decision date: 24 February 2017 Jurisdiction: Civil Before: Neilson DCJ Decision: Set aside the decision of the defendant made by its delegate on 24 September 2015 and determine that the plaintiff's superannuation allowance be increased to 81.325% of the attributed salary of his office. That decision takes effect on 29 April 2014.

I order the defendant to pay the plaintiff's costs.

Plaintiff not to have any costs of the notice of motion filed 8 December 2016 as thrown away by the adjournment of hearing date of 14 December 2016.

Application for indemnity costs by plaintiff refused. Catchwords: POLICE SUPERANNUATION – Application to increase superannuation allowance – Necessity to show a material change of circumstance – Whether supervening non-compensable injury did not affect extent of incapacity Legislation Cited: Police Regulation (Superannuation) Act 1906 Workers Compensation Act 1987 Cases Cited: Aitkin v Goodyear Tyre & Rubber Company (Aust) Ltd (1945) 46 SR (NSW) 20; [1945] WCR 107 Calderbank v Calderbank [1975] 3 All ER 333 Miles v SASTC [2016] NSWDC 56 Category: Principal judgment Parties: Cornel Arnold (Plaintiff) SAS Trustee Corporation (Defendant) Representation: Counsel: Mr M Hammond (Plaintiff) Mr T Ower (Defendant)