McGann v SAS Trustee Corporation [2019] NSWDC 701

District Court New South Wales

Medium Neutral Citation: McGann v SAS Trustee Corporation [2019] NSWDC 701 Hearing dates: 5 August 2019, 6 August 2019, 7 August 2019, 8 August 2019 Date of orders: 08 August 2019 Decision date: 08 August 2019 Jurisdiction: Civil Before: Robison DCJ Decision: I set aside the decision of the defendant and in lieu I find pursuant to s10B(2) of the Police Regulation (Superannuation) Act 1906 that the plaintiff, at the time of his resignation from the New South Wales Police on 20 April 1991 was incapable from an infirmity of the mind and body of discharging the duties of his office; namely post-traumatic stress disorder, chronic anxiety disorder and the gunshot wound to the left leg. Defendant to pay the plaintiff's costs on the ordinary basis as agreed or assessed. Catchwords: Police Superannuation – Hurt on duty –Interests of persons entitled to receive benefits under STC schemes – Requirement of SAS Trustee Corporation to act honestly when exercising function – Effect of plaintiff attaining employment since leaving NSW Police – Major traumatic events during police career – Notice of claim – Reluctance to complain – Medical evidence with no authors of reports required for cross examination – Physical and psychological injuries. Legislation Cited: Police Regulation (Superannuation Act) 1906 Superannuation Administration Act Civil Procedure Act (2005), Workers' Compensation Act (1926) Cases Cited: Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705, SAS Trustee Corporation v Wollard (2014) NSWCA 775,Federal Broom Company Pty Ltd v Semlitch (1964) 110 CLR 626, Stanley v SAS Trustee Corporation (2009) NSWIRCOM 96,SAS Trustee Corporation v Daykin (2002) NSWIRCOM 124, Locker v SAS Trustee Corporation (2013) NSWIRCOM 23 Category: Principal judgment Parties: Plaintiff - Michael Patrick McGann Defendant - SAS Trustee Corporation Representation: Counsel: Plaintiff: Mr J Phillips SC Defendant: Mr T Ower Solicitor: Plaintiff: Walter Madden Jenkins Defendant: Mark Bendall File Number(s): RJ00273/18 Publication restriction: Nil