Mason v Commissioner of Police [2013] NSWDC 274

District Court New South Wales

Medium Neutral Citation: Mason v Commissioner of Police [2013] NSWDC 274 Hearing dates: 4-5 April 2013; 5,13 May 2013; 28-31 October 2013 Decision date: 31 October 2013 Before: Neilson J Decision: Decision of the Commissioner of Police made on 23 December 2011 confirmed. Catchwords: POLICE SUPERANNUATION - Hurt on duty - Whether plaintiff received injury arising out of or in the course of employment i.e. his police service - Engaged in "drinking culture" - Neglecting duty to "wine and dine" or just to take alcohol - Falsifying records to cover neglect of duty - Acting contrary to requirements of duty - Acting contrary to Police Rules - Failing to disclose misconduct of other police - Whether invitation to engage in such conduct by superior officers causes such behaviour to be part of duty WORKERS COMPENSATION - Workers Compensation Act 1987 section 14 not a provision entitling plaintiff to benefits ESTOPPEL - Estoppel by conduct - Estoppel by inaction - Whether estoppel can be relied upon by present defendant or only by SAS Trustee Corporation Legislation Cited: Police Act 1990 Police Regulation Act 1899 Police Regulation (Superannuation) Act 1906 Police Rules 1977 Police Service Regulation 1990 Superannuation Administration Act 1906 Cases Cited: Agricultural and Rural Finance Pty Ltd v Gardiner (2008) 238 CLR 570 Commonwealth v Verwayen (1990) 170 CLR 394 Craine v Colonial Mutual Fire Insurance Co Ltd (1920) 28 CLR 305 Cunningham v Tobin & Ors trading as The Stingray Café (2001) 21 NSWCCR 524 Henderson v The Commissioner of Railways (WA) (1937) 58 CLR 281 Humphrey Earl Ltd v Speechley (1951) 84 CLR 126 Love v Lysaghts Works Pty Ltd and Wheeler v The Commissioner for Railways Page v The Commission of Police (No 1) [2012] NSWDC 130 Scharrer v The Redrock Co Pty Ltd [2010] NSWCA 365 Category: Principal judgment Parties: Reginald Edward Chater Mason Representation: H Hammond (Plaintiff) T Ower (Defendant) Kim Smith & Associates (Plaintiff) Turks Legal (Defendant) File Number(s): RJ143/12 Publication restriction: No