Commissioner of Police v Dalziel [2011] NSWCA 290

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Commissioner of Police v Dalziel [2011] NSWCA 290 Hearing dates: 1 August 2011 Decision date: 14 September 2011 Before: Basten JA at 1; Whealy JA at 51; Handley AJA at 52 Decision: Appeal dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: APPEAL - civil - distinction between a question of law and a question of fact - elements of causation in relation to a certified infirmity - "hurt on duty" - reasons provided for finding supported by evidence - failure to demonstrate error in point of law

WORKERS COMPENSATION - infirmity for medical discharge from New South Wales Police not caused by being "hurt on duty" - whether failure to address evidence in determination of causation - requirement to identify the relevance of an individual's belief as to the cause of, and susceptibility to, an injury

WORDS AND PHRASES - "hurt on duty"; Police Regulation (Superannuation) Act 1906 (NSW): s 1(2), hurt on duty Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 District Court Act 1973 (NSW), s 142N Police Regulation (Superannuation) Act 1906 (NSW), ss 1, 10, 10B, 21 Workers Compensation Act 1987 (NSW), ss 1, 4, 9, 9A, 11A; Sch 6, cl 9 Cases Cited: Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Federal Broom Co Pty Ltd v Semlitch [1964] HCA 34; 110 CLR 626 Goodwin v Commissioner of Police [2010] NSWCA 239 Kostas v HIA Insurance Services Pty Ltd [2010] HCA 32; 241 CLR 390 Saad v Commissioner of Police (1995) 12 NSWCCR 70 St Mary's School v Askwith [2011] VSCA 90 State Transit Authority of New South Wales v Chemler [2007] NSWCA 249; 5 DDCR 286 Texts Cited: Diagnostic and Statistical Manual of Mental Disorders, 4th Ed Category: Principal judgment Parties: Commissioner of Police - Appellant Debra Dalziel - Respondent Representation: Counsel: