Commissioner of Police v John Leslie May [2001] NSWCA 431

Reported Decision : [2001] ACL Rep 320 NSW 7

New South Wales Court of Appeal

CITATION : Commissioner of Police v John Leslie May [2001] NSWCA 431 FILE NUMBER(S) : CA 40340/01 HEARING DATE(S) : 22/11/2001 JUDGMENT DATE : 22 November 2001

PARTIES : Commissioner of Police v John Leslie May JUDGMENT OF : Meagher JA at 1; Beazley JA at 2; Foster AJA at 3

LOWER COURT JURISDICTION : Compensation Court LOWER COURT 2315/98 FILE NUMBER(S) : LOWER COURT Hughes J JUDICIAL OFFICER :

COUNSEL : R.F. Sutherland SC/A. Kostopoulos - Appellant D.T. Kennedy SC/P Dailley - Respondent SOLICITORS : NSW Police Service - Court & Legal Services - Appellant Taylor & Scott - Respondent CATCHWORDS : Appeal against determination that the applicant was incapacitated for police duties due to the infirmity of major depression and that this was not "duty related". LEGISLATION CITED : Police Regulation Superannuation Act (1906) NSW Workers Compenation Act (1987) CASES CITED: Azzopardi v Tasman UEB Industries Limited, (1985) 4 NSWLR 139 at 155-6 DECISION : Appeal dismissed with costs.

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

40340/01 MEAGHER JA BEAZLEY JA FOSTER AJA

THURSDAY, 22 NOVEMBER, 2001 COMMISSIONER OF POLICE v JOHN LESLIE MAY

Judgment 1 MEAGHER JA: I agree and have nothing further to add. 2 BEAZLEY JA: I agree. I would only add that in relation to the application for bias I have had the opportunity to look at some further parts of the transcript, from what I have read I think this is an application that should never have been brought.