JENNINGS v COMMISSIONER OF POLICE [1996] NSWCA 276

JENNINGS v COMMISSIONER OF POLICE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

PRIESTLEY, CLARKE and HANDLEY, JJA 7 August 1995, 1 April 1996 [1996] NSWCA 276

Workers compensation — application filed in wrong place — retrospective effect — jurisdiction Workers Compensation — application filed in wrong place — Police Regulation (Superannuation) Act 1906 — s21 amended by Police Regulation (Superannuation) (Workers Compensation) Amendment Act 1987 — Compensation Court (Savings and Transitional) Regulation 1989 — retrospective effect — jurisdiction of Compensation Court to determine application.

A former member of the Police Force appealed against a decision by Duck CCJ refusing to restore to the Compensation Court list an application that a decision of the Police Commissioner be set aside. The application had previously been struck out by Moran CCJ on the ground the Compensation Court had no jurisdiction to entertain it. The appeal concerned the question whether the effect and operation of CL4(2) of the Compensation Court (Savings and Transitional) Regulation 1989 were retrospective.

Held: per Priestley JA and Clarke JA, Handley JA dissenting,

(1) The application to the Compensation Court was within the words of CL4(2) of the Regulation, and the Compensation Court was empowered to hear and

determine the application. (2) The effect and operation of CL4(2) had the effect of turning a previous non-application into a live application. (3) Moran CCJ's decision to strike out the application was not a final disposal of the application on its merits. Moran CCJ's only power was to make a strike out order and consequential orders.

In re Bombay Civil Fund Act (1888) 40 Ch D 288; ex parte Jospe re Radovsky (1957) 74 WN (NSW) 156; Norris v Norris (1985) 1 NSWLR 472 at 473; and Wentworth v Rares, Court of Appeal, 20 December 1991, unreported.