Guff v The Commissioner of Police (No 1) [2007] NSWDC 289

New South Wales District Court

CITATION: Guff v The Commissioner of Police (No 1) [2007] NSWDC 289

HEARING DATE(S): 15 October 2007 - 25 October 2007 EX TEMPORE JUDGMENT DATE : 15 October 2007

JURISDICTION: Civil (Residual Jurisdiction)

JUDGMENT OF: Neilson DCJ at 1

DECISION: Defendant's application to amend his defence refused

CATCHWORDS: Application under Police Regulation (Superannuation) Act 1906 - Defendant seeks leave to amend his defence to raise a limitation provision in section 21 (appeal to be made within 6 months of defendant's decision as to whether death of policeman was caused by his having been hurt on duty) - Two groups of plaintiffs. First group: children of deceased from former marriage. Second group: wife and children to whom deceased stood in loco parentis - First group appealed within time (not having been notified of defendant's decision) - Second group subsequently joined as defendants but subsequently made plaintiffs - Leave to amend defence made on first day of hearing - Leave refused - Uniform Civil Procedure Rules 14.14(2), 14.14(3) - Civil Procedure Act 2005, section 58 and section 64(2) - Clough v Frog (1974) 48 ALJR 481 - Consideration of former practice and procedure under Workers Compensation legislation

LEGISLATION CITED: Police Regulation (Superannuation) Act 1906 Civil Procedure Act 2005

CASES CITED: Clough v Frog (1974) 48 ALJR 481

C. Guff, L. Guff, E. Guff, M. Guff by their tutor J. Marshall (First Plaintiffs) D. Guff (Second Plaintiff) PARTIES: S. Erichsen by her tutor D. Guff (Third Plaintiff) D. Erichsen by her tutor D. Guff (Fourth Plaintiff) The Commissioner of Police (Defendant)