NSW Caselaw
New South Wales Court of Appeal
CITATION: Commissioner of Police v. Kennedy [2007] NSWCA 328
HEARING DATE(S): 8 November 2007
JUDGMENT DATE: 26 November 2007
JUDGMENT OF: Hodgson JA at 1; Basten JA at 33; Hislop J at 57
DECISION: Appeal dismissed with costs.
CATCHWORDS: POLICE - Conditions of service - Application for gratuity under s.12D of the Police Regulation (Superannuation) Act 1906 - Decision by Commissioner whether "the injury to which the claim relates was caused by the member being hurt on duty" - Whether "the injury to which the claim relates" is the injury satisfying s.4 of the Workers Compensation Act 1987 or some further injury
LEGISLATION CITED: Police Regulation (Superannuation) Act 1906 (NSW) ss.1, 10B, 12C, 12D, 21. Workers Compensation Act 1987 (NSW) ss.4, 9, 9A, 14, 26, 33, 60, 66, 74.
Calman v. Commissioner of Police [1999] HCA 60, 73 ALJR 1609 CASES CITED: Commissioner for Railways (NSW) v Agalianos (1955) 92 CLR 390 Kelly v The Queen (2004) 218 CLR 216
PARTIES: Commissioner of Police - appellant Ian Kennedy
FILE NUMBER(S): CA 40069/07
COUNSEL: Mr. S. Campbell SC with Mr. J. Hallion for the appellant Mr. T. Ower for the respondent
SOLICITORS: Henry Davis York, Sydney for appellant Harris Wheeler, Newcastle for respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): RJ462/05
LOWER COURT JUDICIAL OFFICER: Truss DCJ
LOWER COURT DATE OF DECISION: 27 October 2006
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40069/07 RJ 462/05
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate