Recent Cases

Pascoe v SAS Trustee Corporation [2022] NSWCA 244 (01 December 2022) (Ward P, Kirk JA and Basten AJA)


Catchwords:


EMPLOYMENT AND INDUSTRIAL LAW – public sector – police – medical discharge application –powers of State Authorities Superannuation Board delegated to Police Superannuation Advisory Committee – review of Committee’s decision by Board – whether Board had power to redetermine claim – whether Board validly notified claimant of decision

ADMINISTRATIVE LAW – obligation to notify claimant of decision – notification contained advice about right of appeal to Industrial Commission – 30 years later Court of Appeal determined the correct forum for an appeal was a workers compensation commissioner – whether notification failed to commence limitation period for appeal to correct tribunal (now the District Court)