NSW Caselaw
New South Wales Court of Appeal
CITATION: Wikner v Commissioner of Police [2006] NSWCA 217
HEARING DATE(S): 2 March 2006
JUDGMENT DATE: 10 August 2006
JUDGMENT OF: Santow JA at 1; Ipp JA at 2; Hislop J at 3
DECISION: (1) Appeal dismissed; (2) Appellant to pay the respondent's costs.
CATCHWORDS: Appeal from decision confirming police officer not hurt on duty - Procedural fairness - Reasoning process - No error in point of law - ND.
Compensation Court Repeal Act 2002 LEGISLATION CITED: District Court Act - s 142A Evidence Act 1995 - s 144 Police Regulation (Superannuation) Act 1906 - ss 12D, 21
Azzopardi v Tasman UEB Industries Limited (1985) 4 NSWLR 139 CASES CITED: Davie v The Edinburgh Magistrates [1953] SC 34 Makita (Australia) Pty Limited v Sprowles (2001) 52 NSWLR 705
PARTIES: Appellant - Catherine Wikner Respondent - Commissioner of Police
FILE NUMBER(S): CA 40999/04
COUNSEL: Appellant - Mr BJ Gross QC with Mr JJ Klarica Respondent - Mr JJ Graves SC with Mr ET Finnane
SOLICITORS: Appellant - Taylor & Scott Respondent - Legal Services New South Wales Police
LOWER COURT JURISDICTION: Compensation Court
LOWER COURT FILE NUMBER(S): RJ 18342/02; RJ964/03
LOWER COURT JUDICIAL OFFICER: Nielson DCJ
LOWER COURT DATE OF DECISION: 26 October 2004
- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40999/04
SANTOW JA IPP JA HISLOP J
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