SAS Trustee Corporation v Rossetti [2018] NSWCA 68

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: SAS Trustee Corporation v Rossetti [2018] NSWCA 68 Hearing dates: 29 March 2018 Date of orders: 29 March 2018 Decision date: 10 April 2018 Before: McColl JA; Basten JA; Payne JA Decision: 1. Appeal allowed.

2. Orders made by Associate Justice Harrison on 15 June 2017 set aside and in lieu thereof:

(a) Application dismissed.

(b) Order the appellant to pay the respondent's costs of the appeal and of the proceedings before Associate Justice Harrison. Catchwords: JURISDICTION – whether Supreme Court has jurisdiction to review STC decisions under the Police Regulation (Superannuation) Act 1906 (NSW), s 10B pursuant to Superannuation Administration Act 1996 (NSW), s 88 – whether jurisdiction vested in District Court pursuant to Police Regulation (Superannuation) Act, s 21(1)

EMPLOYMENT AND INDUSTRIAL LAW – New South Wales – members of Police Force hurt on duty – review of compensation claims – whether jurisdiction to review formerly vested in Industrial Court now vested in Supreme Court – whether jurisdiction to review vested in District Court

STATUTORY INTERPRETATION – bifurcated scheme for review of decisions – whether review of compensation claims vested in Supreme Court or District Court – use of legislative history and second reading speeches

WORDS AND PHRASES – "decision made by STC on a matter that arises under this Act by reason of a member of the police force being hurt on duty" – Police Regulation (Superannuation) Act 1906 (NSW), s 21(1)(a) Legislation Cited: Compensation Court Repeal Act 2002 (NSW), Sch 1.6 Industrial Relations Act 1996 (NSW), ss 88, 151A, 153; Sch 4, Pt 18, cll 65, 66 Industrial Relations Amendment (Industrial Court) Act 2016 (NSW), Sch 2.33 Miscellaneous Acts (Workers' Compensation) Amendment Act 1984 (NSW), Sch 1, Pt 1 Police Regulation (Superannuation and Appeals) Amendment Act 1979 (NSW), ss 2A, 3, 20A, 20B Police Regulation (Superannuation) (Workers Compensation) Amendment Act 1987 (NSW), Sch 1 Police Regulation (Superannuation) Act 1906 (NSW), ss 1, 7, 10, 10B, 12, 12D, 21 Superannuation Administration Act 1987 (NSW), ss 26, 27 Superannuation Administration Act 1996 (NSW), ss 4, 48, 67, 88 Superannuation Legislation (Amendment) Act 1992 (NSW), Sch 2 Cases Cited: Cockle v Isaksen (1957) 99 CLR 155; [1957] HCA 85 Federated Amalgamated Government Railway and Tramway Service Association v The New South Wales Railway Traffic Employees' Association (1906) 4 CLR 488; [1906] HCA 94 Federated Engine-Drivers and Firemen's Association of Australasia v The Broken Hill Proprietary Co Ltd (1911) 12 CLR 398; [1911] HCA 31 Obeid v R (2015) 91 NSWLR 226; [2015] NSWCCA 309 SAS Trustee Corporation v Woollard (2014) 86 NSWLR 367; [2014] NSWCA 75 Zhang v Zemin (2010) 79 NSWLR 513; [2010] NSWCA 255 Texts Cited: NSW Legislative Assembly, Parliamentary Debates (Hansard), 16 October 1979