NSW Caselaw
Industrial Court of New South Wales
CITATION: Baena v Commissioner of Police (No 2) [2009] NSWIRComm 182
PARTIES: Thomas Baena (Applicant/Respondent on Notice of Motion) Commissioner of Police (Respondent /Applicant on Notice of Motion)
FILE NUMBER(S): IRC 197 of 2008
CORAM: Boland J President
CATCHWORDS: SUPERANNUATION - Police - Interlocutory proceedings - Claim for superannuation benefit under an industrial instrument - Whether there should be a separate determination of issues from the substantive issue - Issues proposed to be determined separately are estopped by convention or alternatively promissory estoppel and whether applicant is precluded from making claim under terms of industrial instrument - Separate hearing and determination ordered
LEGISLATION CITED: Industrial Relations Act 1996
CASES CITED: Idoport Pty Ltd v National Australia Bank [2005] NSWSC 1273 Integral Home Loans Pty Ltd & Anor v Interstar Wholesale Finance Pty Ltd & Anor [2006] NSWSC 1464
HEARING DATES: 27 October 2009
DATE OF JUDGMENT: 9 November 2009
Mr R Goot AM SC with Mr A Cheshire of counsel (Applicant/Respondent on Notice of Motion) United Legal LEGAL REPRESENTATIVES: Mr P Kite SC with Ms J Oakley of counsel (Respondent /Applicant on Notice of Motion) Henry Davis York, Lawyers
JUDGMENT:
INDUSTRIAL COURT OF NEW SOUTH WALES
CORAM: BOLAND J, President
Monday 9 November 2009
Matter No IRC 197 of 2008
THOMAS BAENA v COMMISSIONER OF POLICE
Application by Thomas Baena for lump sum benefit pursuant to clause 9 of the Crown Employees (Police Officers Death and Disability) Award 2005
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