Dwyer v SAS Trustee Corporation [2015] NSWDC 51

District Court New South Wales

Medium Neutral Citation: Dwyer v SAS Trustee Corporation [2015] NSWDC 51 Hearing dates: 2 - 3 February 2015 Date of orders: 03 February 2015 Decision date: 03 February 2015 Jurisdiction: Civil Before: Neilson DCJ Decision: Motion allowed in part Catchwords: WORKERS COMPENSATION – Police Superannuation – Pleadings – Applicant sought to strike out a plea denying plaintiff's ability to allege causation prior to commencement of legislative scheme and following notional date of injury – Court might be able to consider matters after the notional date if relevantly causative of capacity – Risk of estoppel by striking out the plea

WORKERS COMPENSATION – Police Superannuation - Meaning of "commensurate" – Triable argument – Reasonable defence pleaded

WORKERS COMPENSATION – Police Superannuation – Plaintiff diagnosed with cognitive impairment – Defendant sought examination by neuropsychiatrist – Plaintiff conceded onset of cognitive impairment not casually related to certified infirmity – Assessment unnecessary – Defendant sought examination by cardiologist – Plaintiff had a large number of medical conditions in different fields of medicine – Examination by general physician sufficient in circumstances Legislation Cited: Police Regulation (Superannuation) Act 1906 Workers Compensation Act 1987 Cases Cited: Dive v The Commissioner of Police (1997) 15 NSWCCR 366 Lembcke v SASTC [2003] NSWCA 136; (2003) 25 NSWCCR 464 Poole v SASTC (2000) 20 NSWCCR 633 Smith v The Commissioner of Police [1999] NSWCC 4; (1999) 18 NSWCCR 105 Staples v The Commissioner of Police (1990) 6 NSWCCR 33 State Super SAS Trustee Corporation v Cornes [2013] NSWCA 257 Category: Procedural and other rulings Parties: Patrick Kenneth Dwyer (Applicant/Plaintiff) SAS Trustee Corporation (Respondent/Defendant) Representation: Counsel: Mr P O'Rourke (Applicant/Plaintiff) Mr T Ower (Respondent/Defendant)