Goodwin v Commissioner of Police [2012] NSWCA 379

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Goodwin v Commissioner of Police [2012] NSWCA 379 Hearing dates: 22 October 2012 Decision date: 22 November 2012 Before: Allsop P at [1]; Basten JA at [2]; Young AJA at [110] Decision: (1) Allow the appeal and set aside the decision of the District Court made 13 December 2011. (2) Remit the matter to the District Court for reconsideration according to law. (3) The respondent to pay the appellant's costs in this Court. (4) The costs of the past and further hearings in the District Court (including the original trial) are to be dealt with by that Court on remittal. [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 - apprehended bias - matter remitted to primary judge - whether findings in overturned judgment gave rise to reasonable apprehension of bias in subsequent determination of matter - whether complaint based on final judgment must plead actual bias - relationship between bias and failure to exercise jurisdiction - whether absence of reasonable apprehension of bias is a jurisdictional fact - whether complaint of apprehended bias must be dealt with before other grounds

APPEAL - civil - constructive failure to exercise jurisdiction - claim for annual superannuation allowance based on police officer being hurt on duty - whether primary judge failed to deal with issues critical to claim