Miles v SAS Trustee Corporation [2017] NSWCA 86

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Miles v SAS Trustee Corporation [2017] NSWCA 86 Hearing dates: 28 March 2017 Decision date: 04 May 2017 Before: Payne JA at [1] Sackville AJA at [14] Schmidt J at [97] Decision: 1. Appeal allowed. 2. Remit the matter to the District Court in its compensation jurisdiction for determination in accordance with the decision of this Court. 3. The respondent to pay the appellant's costs of the appeal. Catchwords: STATUTORY CONSTRUCTION – entitlement to additional superannuation allowances payable under s 10(1A) of the Police Regulation (Superannuation) Act 1906 (NSW) – former member of the police force partially incapacitated for non-police work – whether additional allowance of 12.25 per cent payable under s 10(1A)(b) requires incapacity to be caused by the member's original "hurt on duty" infirmity that led to discharge from the police force – whether member's construction anomalous or leads to "absurd" results – whether second reading speech of assistance Legislation Cited: District Court Act 1973 (NSW), ss 142G, 142M, 142N Interpretation Act 1987 (NSW), ss 34(1), 35(2)(a), 35(3) Police Act 1990 (NSW), s 14(1) Police Regulation (Superannuation and Appeals) Amendment Act 1979 (NSW), Sch 1 (8), (10) Police Regulation (Superannuation) Act 1906 (NSW), ss 1(2), 3, 4, 5(1), 7, 7AA, 8(1), 10, 10B, 14, 21, Pt 4 Div 2, Div 3 Police Regulation (Superannuation) Amendment Act 1985 (NSW), Sch 1 [1], [3] Police Regulation (Superannuation) Amendment Act 1987 (NSW), Sch 4 [2] Superannuation Administration Act 1996 (NSW), s 88 Superannuation Legislation Amendment Act 2006 (NSW), Sch 1 cl 1.2 [8] Workers Compensation Act 1926 (NSW) Workers Compensation Act 1987 (NSW)