NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Ferguson v Commissioner of Police [2022] NSWDC 762 Hearing dates: 28-30 November 2022, 1-2, 7-9 December 2022 Date of orders: 9 December 2022 Decision date: 09 December 2022 Jurisdiction: Civil Before: Neilson DCJ Decision: See pars [183] and [184]. Catchwords: POLICE – Claim for treatment expenses comparable to s60 of the Workers Compensation Act 1987 – Treatment for PTSD and Major Depressive Disorder – Traumata relied upon between 1979 and September 1996 – Trauma before 21 November 1979 unable to be relied on – Trauma alleged September 1996 not compensable – Lengthy review of medical evidence and of relevant facts. Legislation Cited: Police Act 1990 Police Regulation (Superannuation) Act 1906 Workers Compensation Act 1987 Cases Cited: Dive v Commissioner of Police (1997) 15 NSWCCR 366 King v Commissioner of Police (2004) 2 DDCR 416 Rogers v Commissioner of Police (2005) 2 DDCR 515 Staples v Commissioner of Police (1990) 6 NSWCCR 33 Texts Cited: Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition pp 271-2. Category: Principal judgment Parties: Plaintiff – Mark Edward Clyde Ferguson Defendant – Commissioner of Police (NSW) Representation: Counsel: Plaintiff – Mr Hammond, M. Defendant – Mr Rowles, T.
Solicitors: Plaintiff – Carroll & O'Dea Lawyers Defendant – Bartier Perry Lawyers File Number(s): 2022/00149628 Publication restriction: Nil.
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