NSW Caselaw
New South Wales Court of Appeal
CITATION: Commissioner of Police v David Rea [2008] NSWCA 199
HEARING DATE(S): 13 August 2008 JUDGMENT OF: Allsop P at 1; Handley AJA at 2; Johnson J at 11
EX TEMPORE JUDGMENT DATE: 13 August 2008
DECISION: Appeal dismissed with costs.
CATCHWORDS: WORKERS' COMPENSATION - Police - Causation - Not excluded by medical evidence - Finding of causation open to lay tribunal
LEGISLATION CITED: Police Regulation (Superannuation) Act 1906
CATEGORY: Principal judgment
Adelaide Stevedoring Co Limited v Forst (1940) 64 CLR 538 Commonwealth of Australia v McLean (1996) 41 NSWLR 389 CASES CITED: Edwards v Bairstow [1956] AC 14 EMI (Australia) Limited v Bes (1970) WCR 114 Makita (Australia) Pty Limited v Sprowles (2001) 52 NSWLR 705 Vetter v Lake Macquarie C.C. (2001) 205 CLR 439
PARTIES: Commissioner of Police (Appellant) David Rea (Respondent)
FILE NUMBER(S): CA 40545/07
COUNSEL: T Ower (Appellant) S Campbell SC/T Edwards (Respondent)
SOLICITORS: Tress Cox (Appellant) Harris Wheeler (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): RJ 00187/076
LOWER COURT JUDICIAL OFFICER: Armitage DCJ
LOWER COURT DATE OF DECISION: 1 August 2007
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40545/07 RJ00187/076
ALLSOP P HANDLEY AJA JOHNSON J
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