Murray v Commissioner of Police [2004] NSWCA 365

New South Wales Court of Appeal

CITATION : Murray v Commissioner of Police [2004] NSWCA 365 HEARING DATE(S) : 30 September 2004 JUDGMENT DATE : 8 November 2004

JUDGMENT OF : Giles JA at 1; Ipp JA at 2; Tobias JA at 3 DECISION : (a) Appeal allowed; (b) Set aside the orders made by Ashford CCJ on 19 September 2003; (c) Order that the matter be remitted to the District Court for further determination in accordance with the reasons of this Court on condition that the evidence on that further determination be limited to the evidence before the primary judge and that no further evidence shall be adduced except by leave of a judge of the District Court; (d) Order that the costs of the proceedings before the primary judge abide the further determination of the matter by the District Court; (e) Order that the respondent pay the appellant's costs of the appeal

CATCHWORDS : WORKERS COMPENSATION - Error of law - Hurt on duty - Whether caused during course of employment - Irrelevant evidence - No evidence to support primary judge's finding on cause - Remit to District Court - ISSUE ESTOPPEL - Decision of IRC - Judicial determination - Whether Commissioner of Police a privy of the SAS Trustee Corporation - No common interest - Compensation Court Act, 1984 Compensation Court Repeal (Transitional) Regulation 2003 Compensation Court Repeal Act, 2002 LEGISLATION CITED : Courts Legislation Amendment Act 2004 Industrial Relations Act 1997 Police Regulation (Superannuation) Act 1906 Police Service Act 1990 Workers Compensation Act, 1987 Administration of the Territory of Papua and New Guinea v Darea Guba (1973) 130 CLR 535 Blair v Curran (1939) 62 CLR 464 ICM Agriculture Pty Limited v Perry [2002] NSWCA 257 CASES CITED : Kuligowski v Metrobus [2004] 78 ALJR 1031 Lambidis v Commissioner of Police (1995) 37 NSWLR 320 Maurici v Chief Commission of State Revenue (2001) 51 NSWLR 673 North Broken Hill Limited v Tumes (1999) NSWCCR 412 PARTIES : John David Murray Commissioner of Police FILE NUMBER(S) : CA 40123/04 COUNSEL : A: Mr R Seton SC / Mr M Walsh R: Mr R Blume SOLICITORS : A: Oates & Smith, Sydney R: Legal Services, NSW Police, Sydney