Ritson v State of New South Wales (No. 1) [2022] NSWDC 345

District Court New South Wales

Medium Neutral Citation: Ritson v State of New South Wales (No. 1) [2022] NSWDC 345 Hearing dates: 26-27 May 2022 Date of orders: 27 May 2022 Decision date: 27 May 2022 Jurisdiction: Civil Before: Neilson DCJ Decision: Award for the Defendant. Catchwords: WORKERS COMPENSATION – CLAIM FOR TREATMENT EXPENSES – Claim by former Police Officer for a thumb injury on 22 January 2006 – Expenses incurred in August and September 2021 – Dealt with in this Court as PIC had no jurisdiction – Federal diversity jurisdiction – Whether the Plaintiff had recovered damages in respect of the thumb injury on 22 January 2021 under a settlement reached with his former employer in 22 November 2011. Legislation Cited: Commonwealth of Australia Constitution Act 1900 Crown Employees (Police Officers Death and Disability) Award 2005 (NSW) Motor Accidents Compensation Act 1999 (NSW) Personal Injury Commission Act 2020 (NSW) Police Regulation (Superannuation) Act 1906 (NSW) Personal Injury Commission Rules 2021 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Workers Compensation Act 1926 (NSW) Workers Compensation Act 1987 (NSW) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Cases Cited: Adams v Fletcher International Exports Pty Ltd [2008] NSWCA 238 Bruce v Grocon Ltd (1995) 11 NSWCCR 247 Friend v Comcare [2021] FCA 837 Gardiner v Laing O'Rourke Australia Construction Pty Ltd [2020] NSWCA 151; (2020) 102 NSWLR 599 Kerr v Hunter District Water Board (1991) 7 NSWCCR 289 New South Wales Fire Brigades v Newman [2008] NSWCA 82 Petralito v AWA Ltd (1992) 8 NSWCCR 21 Ritson v State of New South Wales [2021] NSWPIC 409 Ritson v State of New South Wales [2022] NSWDC 133 Salmon Street Ltd (In Liq) v Jorgensen (1991) 56 SASR 158 Thompson v George Weston Foods Ltd (1990) 6 NSWCCR 370 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165; [2004] HCA 52 Texts Cited: Nil. Category: Principal judgment Parties: Plaintiff – Brendan Ritson Defendant – State of New South Wales Representation: Counsel: Plaintiff – Unrepresented Defendant – Dixon, T.J. and Robison, L. Solicitors: Plaintiff – Unrepresented Defendant – HWL Ebsworth Lawyers File Number(s): 2021/00341566 Publication restriction: Nil.