SAS Trustee Corporation v Schmidtke [2012] NSWCA 269

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: SAS Trustee Corporation v Schmidtke [2012] NSWCA 269 Hearing dates: 27 August 2012 Decision date: 27 August 2012 Before: Bathurst CJ at [1] and [25]; Basten JA at [2]; Tobias AJA at [24] Decision: (1) Appeal dismissed. (2) Appellant to pay the respondent's costs in this Court. [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: ADMINISTRATIVE LAW - failure to take into account relevant considerations - whether evidence of witness a mandatory consideration - whether failure to take into account evidence expressly addressed in judgment

APPEAL - subject-matter limited to determination in point of law - passage in reasons indicating legal error - whether error material where assessment of loss accorded with principle

POLICE - officer hurt on duty - psychological injury - certification of date of injury by Commissioner - whether pre-existing injury - whether causes of impairment properly apportioned

WORDS & PHRASES - "in point of law" - District Court Act 1973 (NSW), s 142N

WORKERS COMPENSATION - lump sum compensation for psychiatric injury - transitional provisions require reduction in compensation for events occurring before amendment - whether events occurring before amendment reduce whole person impairment - whether plaintiff suffered previous injury - Workers Compensation Act 1987 (NSW), Sch 6, Pt 18C, cl 3(1); Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 323 Legislation Cited: District Court Act 1973 (NSW), s 142N Police Regulation (Superannuation) Act 1906 (NSW), ss 10D, 12D, 21 Workers Compensation Act 1987 (NSW), ss 15, 65A; Sch 6, Pt 18C, cl 3 Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 323 Cases Cited: Maguire v SAS Trustee Corporation (District Court, unrep, 30 November 2009) SAS Trustee Corporation v Pearce [2009] NSWCA 302 Category: Principal judgment Parties: SAS Trustee Corporation (Appellant) Glen Arno Schmidtke (Respondent) Representation: Counsel: