NSW Caselaw
New South Wales Court of Appeal
CITATION: GOODWIN v COMMISSIONER OF POLICE [2010] NSWCA 239 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 8 September 2010
JUDGMENT DATE: 15 September 2010
JUDGMENT OF: McColl JA at 1; Basten JA at 2; Sackville AJA at 45
(1) Allow the appeal and set aside the judgment of the District Court and the order made on 18 December 2009 confirming the decision of the delegate of the Commissioner of Police. DECISION: (2) Remit the matter to the District Court for reconsideration in accordance with the decision of this Court. (3) Order the respondent to pay the appellant's costs in this Court.
CATCHWORDS: APPEAL – civil – appeal from decision of the District Court in point of law – failure to give any or adequate reasons – failure to make findings on essential elements of applicant's case - APPEAL – civil – jurisdiction – whether there was a failure to exercise the jurisdiction conferred – District Court Act 1973 (NSW), s 142N - SUPERANNUATION – review of decision – whether specified infirmity was caused by the member being "hurt on duty" – Police Regulation (Superannuation) Act 1906 (NSW), s 10B(3) - WORDS AND PHRASES – District Court Act 1973 (NSW), s 142N - award of the Court "in point of law"
District Court Act 1973 (NSW), s 142N LEGISLATION CITED: Police Regulation (Superannuation) Act 1906 (NSW), ss 10, 10B, 21 Supreme Court Act 1970 (NSW), s 69
CATEGORY: Principal judgment
Australian Broadcasting Tribunal v Bond [1990] HCA 33; 170 CLR 321 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 B&L Linings Pty Ltd v Chief Commissioner of State Review [2008] NSWCA 187; 74 NSWLR 481 Day v SAS Trustee Corporation [2009] NSWCA 222 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 77 ALJR 1088 Kirk v Industrial Relations Commission [2010] HCA 1; 239 CLR 531 CASES CITED: Minister for Immigration and Multicultural and Indigenous Affairs v SGLB [2004] HCA 32; 78 ALJR 992 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16 Pettitt v Dunkley [1971] 1 NSWLR 376 Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 [2003] HCA 30; 77 ALJR 1165 SAS Trustee Corporation v Pearce [2009] NSWCA 302 Waterways Authority v Fitzgibbon [2005] HCA 57; 79 ALJR 1816 Workers Compensation (Dust Diseases) Board of NSW v Smith [2010] NSWCA 19
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