Recent Cases

SAS Trustee Corporation v Learmont [2023] NSWCA 272 (15 November 2023) (Mitchelmore JA, Basten AJA and Rothman J)


EMPLOYMENT AND INDUSTRIAL LAW — Public sector — Superannuation – where respondent was a NSW Police Officer who resigned in 1999 – where respondent applied for superannuation allowance under Police Regulation (Superannuation) Act 1906 (NSW), s 10B, relying on depressive illness – where Act amended after resignation but before application – whether question of incapability considered by primary judge in requisite sense – whether respondent was incapable, in a permanent or persistent sense, from carrying out the functions of a police officer as at the date of his resignation – whether applicable version of s 10B was that in force as at the date of resignation or application – whether primary judge had regard to the infirmity, as distinct from a susceptibility to an infirmity on question of incapability