SAS TRUSTEE CORPORATION v PEARCE [2009] NSWCA 302

New South Wales Court of Appeal

CITATION: SAS TRUSTEE CORPORATION v PEARCE [2009] NSWCA 302

HEARING DATE(S): 25 June 2009

JUDGMENT DATE: 24 September 2009

JUDGMENT OF: Beazley JA at 1; Giles JA at 2; Basten JA at 37

(1) To the extent necessary, grant leave to appeal and dispense with further compliance with the rules.

(2) Allow the appeal and set aside the judgment and orders made in the District Court on 12 August 2008. DECISION: (3) Remit the matter to the District Court for redetermination, including in relation to the costs of the first hearing, according to law.

(4) Grant the respondent a certificate under the Suitors' Fund Act 1951 (NSW) in respect of his costs of the appeal.

CATCHWORDS: APPEAL – when appeal lies – statutory requirements – appeal from District Court – appeal against award of the Court in point of law – failure to give adequate reasons – whether capable of grounding appeal – District Court Act 1973 (NSW), s 142N - WORKERS' COMPENSATION – impairment due to psychological infirmity – entitlement under amendments commencing on 1 January 2002 – incidents giving rise to psychological infirmity occurred prior to commencement of amendments – 'notional' date of injury certified to be 10 November 2005 – whether notional date valid – whether reduction necessary on account of pre-amendment incidents – Workers Compensation Act 1987 (NSW), ss 15 and 16, Sch 6, Pt 18C – Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 323 – Workers Compensation Legislation Amendment Act 2001 (NSW) - WORKERS' COMPENSATION – police officer discharged on medical grounds – entitlement to compensation – post-traumatic stress disorder and depression developed through employment in police force – whether disease – gratuity for permanent impairment due to psychological infirmity – Police Regulation (Superannuation) Act 1906 (NSW) s 12D - WORDS AND PHRASES – "permanent impairment" – "post-traumatic stress disorder" – "previously non-compensable impairment" – "psychological infirmity"