Day v SAS Trustee Corporation

[2021] NSWCA 71

NSW Court of Appeal

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Interrogate

Catchwords

1. Employment and Industrial Law
2. › Public sector
3. › Police
4. › Superannuation
5. › Disabled member of police force
6. › Meaning of 'infirmity' in Police Regulation (Superannuation) Act 1906 (NSW)
7. › Whether transient condition constitutes 'infirmity of body or mind'
8. › Whether infirmity must be condition likely to continue for foreseeable future
9. › Police Regulation (Superannuation) Act 1906 (NSW), s 10B(2)
1. Administrative Law
2. › Constructive failure to exercise jurisdiction
3. › Whether primary judge failed to address substantial clearly articulated arguments
4. › Whether arguments based on established facts
5. › Whether primary judge's approach raised those arguments for separate determination
1. Appeal
2. › Appeal on question of law
3. › District Court compensation jurisdiction
4. › Whether findings contrary to unchallenged expert evidence raise point of law
5. › District Court Act 1973 (NSW), s 142N

Quick Take

A transient condition, even of several months' duration, does not constitute an 'infirmity' within s 10B(2) of the PRS Act; the condition must be one likely to continue for the foreseeable future.