State Super SAS Trustee Corporation v Cornes [2013] NSWCA 257

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: State Super SAS Trustee Corporation v Cornes [2013] NSWCA 257 Hearing dates: 26 February 2013 Decision date: 09 August 2013 Before: McColl JA at [1]; Basten JA at [2]; Preston CJ of LEC at [66] Decision: (1) Allow the appeal and set aside the orders made in the District Court on 30 June 2011. (2) Remit the matter to the District Court to determine the respondent's application under s 21 of the Police Regulation (Superannuation) Act 1906 according to law. (3) Order that the respondent pay the appellant's costs in this Court. (4) Grant the respondent a certificate under the Suitors' Fund Act 1951 (NSW). [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 - nature of appeal - appeal from award of court in "point of law" - whether fact-finding involving perversity or illogicality can amount to error in point of law - whether Azzopardi v Tasman UEB Industries (1985) 4 NSWLR 139 should be applied - failure to address issues in accordance with statute - constructive failure to exercise jurisdiction - District Court Act 1973 (NSW), s 142N

WORKERS COMPENSATION - police officer - incapacity - hurt on duty - compensation for psychological infirmity arising out of injury suffered after commencement of statutory amendments on 1 January 2002 - reduction in compensation where respondent's psychological infirmity due to "something that occurred" before 1 January 2002 - medical evidence that events prior to 1 January 2002 diminished respondent's capacity to cope with trauma and stress -whether necessary that symptoms capable of supporting a diagnosis existed prior to 1 January 2002 - Police Regulation (Superannuation) Act 1906 (NSW) s 10; Workers Compensation Act 1987 (NSW), Sch 6, pt 18C, cl 3