Commissioner of Police v Goodwin [2008] NSWCA 345

New South Wales Court of Appeal

CITATION: Commissioner of Police v Goodwin [2008] NSWCA 345

HEARING DATE(S): 27 November 2008

JUDGMENT DATE: 27 November 2008

JUDGMENT OF: Allsop P at [16], [18]; Hodgson JA at [1]; Gyles AJA at [17]

EX TEMPORE JUDGMENT DATE: 27 November 2008

1. Leave to appeal be granted. 2. Appeal allowed. DECISION: 3. The orders of the District Court on 13 June 2008 be set aside. 4. The respondent to pay the costs of the appeal. 5. The respondent to have a Suitor's Fund certificate if otherwise entitled.

CATCHWORDS: PROCEDURE – Amendment – Leave to appeal sought – Whether error of law – Whether leave to appeal should be granted – Finality of litigation.

LEGISLATION CITED: District Court Act s142N Police Regulation (Superannuation) Act 1906 s 1

CATEGORY: Principal judgment

PARTIES: COMMISSIONER OF POLICE (appellant) Daniel GOODWIN (respondent)

FILE NUMBER(S): CA 40259/08

COUNSEL: T OWER (appellant) A P L NAYLOR (respondent)

SOLICITORS: Henry Davis York (appellant) Oates & Smith (respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): DC RJ4719/01

LOWER COURT JUDICIAL OFFICER: O'Toole J

LOWER COURT DATE OF DECISION: 13 June 2008

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40259/08

ALLSOP P HODGSON JA GYLES AJA