James Rossetti v SAS Trustee Corporation [2017] NSWSC 732

Supreme Court New South Wales

Medium Neutral Citation: James Rossetti v SAS Trustee Corporation [2017] NSWSC 732 Hearing dates: 20 March 2017 Date of orders: 15 June 2017 Decision date: 15 June 2017 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) The determination of the respondent dated 11 August 2014 is set aside.

The Court certifies that:

(2) In accordance with s 10B(2) of the Police Regulation (Superannuation) Act 1906 (NSW) the applicant James Rossetti was incapable of discharging the duties of his office as a general duties police officer as at the date of his resignation on 6 May 1994 due to the infirmity of his right ankle injury.

The Court orders that:

(3) The respondent is to pay the applicant's costs on an ordinary basis. Catchwords: SUPERANNUATION – appeal – appeal from a SAS Trustee Corporation decision – eligibility to apply for a certificate of incapacity under s 10B(2) of the Police Regulation (Superannuation) Act 1906 (NSW) – right ankle injury Legislation Cited: Police Regulation (Superannuation) Act 1906 (NSW) ss 10, 23 Superannuation Administration Act 1996 (NSW) ss 67, 88 Supreme Court Rules 1970 (NSW) Cases Cited: Commissioner of Police v Industrial Relations Commission of New South Wales [2012] NSWCA 439 Coote v Kelly; Northam v Kelly [2016] NSWSC 1447 Locker v SAS Trustee Corporation [2013] NSWIRComm 23 Morley v SAS Trustee Corporation [2007] NSWIRComm 90 SAS Trustee Corporation v Daykin [2002] NSWIRComm 124 Category: Principal judgment Parties: James Rossetti (Applicant) SAS Trustee Corporation (Respondent) Representation: Counsel: JM Morris SC with M Hammond (Applicant) MH Best (Respondent)