Page v Commissioner of Police (No 1) [2012] NSWDC 130

District Court New South Wales

Medium Neutral Citation: Page v Commissioner of Police (No 1) [2012] NSWDC 130 Hearing dates: 30-31 May 2012 Decision date: 31 May 2012 Before: Neilson DCJ Decision: Defendant refused leave to file a further amended defence Catchwords: Police - Application for leave to file and rely upon further amended defence - Statutory requirement that police member give notice of injury to Commissioner of Police within prescribed time - Whether decision about compliance to be made by Commissioner or STC - Whether appropriate to grant leave under circumstances Legislation Cited: Civil Procedure Act 2005, s 64 Police Act 1990, s 181D Police Regulation (Superannuation) Act 1906, s 10B Superannuation Administration Act 1996, s 50(1)(a), s 66 Uniform Civil Procedure Rules 2005, Pt 19 Workers Compensation Act 1987, s 11A, s 67(1) Cases Cited: Department of Juvenile Justice v Edmed (2008) 7 DDCR 288 Department of Environment v J (2010) 8 DDCR 353 Hazlewood v SAS Trustee Corporation [2008] NSWIRComm 215 Lembcke v SAS Trustee Corporation (2003) 25 NSWCCR 464; 56 NSWLR 736 Lyons v Master Builders Association New South Wales Pty Ltd (2003) 25 NSWCCR 422 Rail Services Australia v Dimovski (2004) 1 DDCR 648 SAS Trustee Corporation v Hazlewood [2009] NSWIRComm 157 Category: Interlocutory applications Parties: Ronald Page (Applicant) Commissioner of Police (Respondent) Representation: Mr M Hutchings (Applicant) Mr A Naylor (Respondent) McCabe Terrill Lawyers (Applicant) Kim Smith & Associates (Respondent) File Number(s): RJ328 of 2009