Fox v NSW Police Force [2012] NSWIRComm 134

Industrial Relations Commission New South Wales Medium Neutral Citation: Fox v NSW Police Force [2012] NSWIRComm 134 Hearing dates: 11 September 2012 Decision date: 28 November 2012 Jurisdiction: Industrial Court of NSW Before: Boland J, President; Walton J, Vice-President; Staff J Decision: 1. Leave to appeal is granted. 2. The appeal is dismissed. Catchwords: APPEAL - hurt-on-duty claim - two bases for claim - journey claim - injury in the course of or arising out of employment - injury occurring at abode - s 10(4) applies - abandonment of journey - intention irrelevant - injury not occur during course of employment - ss 4 and 9A - causation required - no causal connection between injury and employment - not substantial contributing factor - leave to appeal granted - appeal dismissed Legislation Cited: Industrial Relations Act 1996 Police Act 1990 Police Regulation (Superannuation) Act 1986 Workers Compensation Act 1987 Cases Cited: Athval Management Pty Ltd v Doherty [2000] NSWCA 277; (2000) 22 NSWCCR 687 Badawi v Nexon Asia Pacific Pty Ltd trading as Commander Australia Pty Ltd [2009] NSWCA 324; (2009) 7 DDCR 75 Calvert v Sowden (1994) 10 NSWCCR 139 Fox v NSW Police Force [2012] NSWIRComm 1005 Smith v Australian Woollen Mills [1933] HCA 60; (1933) 50 CLR 504 Vetter v Lake Macquarie City Council [2001] HCA 12; (2001) 202 CLR 439 Williams v Ducon Condenser Limited (1949) WCR 122 Category: Principal judgment Parties: Peter Raymond Fox (Appellant) NSW Police Force (Respondent) Representation: T M Ower of counsel (Appellant) J L Sharpe of counsel (Respondent) Harris Wheeler Lawyers (Appellant) TressCox Lawyers (Respondent) File Number(s): IRC 493 of 2012 Decision under appeal Citation: Fox v NSW Police Force [2012] NSWIRComm 1005 Date of Decision: 2012-04-11 00:00:00 Before: Ritchie C File Number(s): IRC 194 of 2011