Ambrose v Commissioner of Police [2013] NSWDC 190

District Court New South Wales

Medium Neutral Citation: Ambrose v Commissioner of Police [2013] NSWDC 190 Hearing dates: 16, 17 and 18 September 2013 Decision date: 27 September 2013 Before: Gibson DCJ Decision: (1) The decision of the defendant's delegate dated 6 March 2012 pursuant to section 10B(3)(a) of the Police Regulation Superannuation Act 1906 (NSW) that the infirmity of "adjustment disorder with depressed and anxious mood" as specified in the Certificate of the Police Superannuation Advisory Committee dated 23 February 2012 is set aside pursuant to s 21 of the Act. (2) The suffering by the plaintiff of the infirmity of "adjustment disorder with depressed and anxious mood" as specified in the said Certificate was caused by the plaintiff being hurt on duty on 2 June 2009, this being the notional date for such condition. (3) Defendant pay plaintiff's costs. Catchwords: Police Superannuation and Pensions - retirement on account of incapacity - claim for additional entitlement - whether hurt on duty Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56 - 62 Police Regulation (Superannuation) Act 1906 (NSW), s 10B Workers Compensation Act 1987 (NSW), ss 4, 9A and 11A Cases Cited: Calman v Commissioner of Police (1999) 59 ALD 366; 167 ALR 91 Commissioner of Police v Goodwin [2008] NSWCA 345 Commissioner of Police v Minahan [2003] NSWCA 239 Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705 MM Constructions (Aust) Pty Ltd v Port Stephens Council [2012] NSWCA 417 Murray v Commissioner of Police (2005) 2 DDCR 438 Nominal Defendant v Kostic [2007] NSWCA 14 Nowlan v Marson Transport Pty Ltd (2001) 53 NSWLR 116 Texts Cited: - Category: Principal judgment Parties: Plaintiff: Faye Lorraine Ambrose Defendant: Commissioner of Police Representation: Plaintiff: Mr T Ower Defendant: Ms J Petrolo Plaintiff: Walter Madden Jenkins Defendant: Vandervords Solicitors File Number(s): RJ00489/12 Publication restriction: None