Morley v SAS Trustee Corporation [2006] NSWIRComm 320

Industrial Court of New South Wales

CITATION: Morley v SAS Trustee Corporation [2006] NSWIRComm 320

APPELLANT Christopher Morley PARTIES: RESPONDENT SAS Trustee Corporation

FILE NUMBER(S): IRC 2043 of 2005

CORAM: Staff J

Police - Superannuation - Appeal - Member of Police Force discharged on medical grounds - Certificate issued describing appellant's infirmity as a major depressive illness with melancholia - Whether infirmities of injury to back, injury to right leg and injury to left leg should be included in certificate - Whether appellant's orthopaedic condition is "causally connected" to his incapacity to perform his duties of office - Officer held rank of Superintendent - Held orthopaedic condition did not prevent appellant from discharging duties of a police officer - failure to establish causal nexus between incapability and infirmity of the body - Appeal dismissed - Police Regulation (Superannuation) Act 1906 (NSW), s 8, s 10B - Police Act 1990 (NSW), s 14 CATCHWORDS: Superannuation - Appeal - Member of Police Force discharged on medical grounds - Certificate issued describing appellant's infirmity as a major depressive illness with melancholia - Whether infirmities of injury to back, injury to right leg and injury to left leg should be included in certificate - Whether appellant's orthopaedic condition is "causally connected" to his incapacity to perform his duties of office - Officer held rank of Superintendent - Held orthopaedic condition did not prevent appellant from discharging duties of a police officer - failure to establish causal nexus between incapability and infirmity of the body - Appeal dismissed - Police Regulation (Superannuation) Act 1906 (NSW), s 8, s 10B - Police Act 1990 (NSW), s 14