Wolodymyr Holovinsky v The Commissioner of Police (No 2) [2006] NSWDC 87

New South Wales District Court

CITATION: Wolodymyr Holovinsky v The Commissioner of Police (No 2) [2006] NSWDC 87

HEARING DATE(S): 06/12/2004-09/12/2004,13/12/2004-14/12/2004,16/12/2004-17/12/2004, 07/06/2005-09/06/2005, 15/06/2005, 31/07/2006-25/08/2006, 01/09/2006 EX TEMPORE JUDGMENT DATE : 08/24/2006

JURISDICTION: Civil (Residual Jurisdiction)

JUDGMENT OF: Neilson DCJ at 1

DECISION: Set aside the decision of the Commissioner of Police made on 9 October 2000. The suffering by the plaintiff of the infirmity of "adjustment disorder with anxiety and depressed mood and post-traumatic stress disorder", as specified in the certificate of the Police Superannuation Advisory Committee dated 27 September 2000, was caused by the plaintiff's having been hurt on duty on 31 December 1990.

CATCHWORDS: Police Regulation (Superannuation) Act 1906 - Hurt On Duty Claim - Psychiatric Injury - Plaintiff passes information about an $8.5 million cannabis crop to a junior officer in the lavatory of a hotel whilst plaintiff off duty and drunk - Plaintiff becomes a police suspect - Eventually plaintiff charged with serious offences - Imprisoned at Long Bay Gaol whilst bail refused for 3 weeks - Accepted that that caused PTSD - Lengthy committal hearing - Plaintiff discharged - Ex officio indictment - Lengthy criminal trial - Plaintiff acquitted - Whether what occurred to plaintiff "arose out" of his service - Numerous authorities considered - Defence pleaded of "serious and wilful misconduct" - Workers Compensation Act 1987, s14(2) - Injury not "solely" due to gross misconduct - Serious and permanent disablement resulted - Claim succeeds, defence fails -

Police Regulation (Superannuation) Act 1906 LEGISLATION CITED: Workers Compensation Act 1987 Evidence Act 1995