NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Nash v Commissioner of Police [2016] NSWDC 370 Hearing dates: 8 – 10 November 2016 Decision date: 10 November 2016 Jurisdiction: Civil Before: Neilson DCJ Decision: Decision of the Commissioner of Police made 14 November 2014 confirmed Catchwords: POLICE SUPERANNUATION – P diagnosed with an infirmity of "chronic soft tissue low back pain" – Discussion of meaning of that phrase – Whether caused by P's wearing an appointments belt with appointments weighing approximately 7 kgs over many years
WORKERS COMPENSATION – Words and phrases – "Nature and Conditions of Employment" – "Aggravation, acceleration, exacerbation or deterioration" Legislation Cited: Police Act 1990 Police Regulation (Superannuation) Act 1906 Workers Compensation Act 1987 Workers Compensation Act 1926 Cases Cited: Bonham v Evans Shire Council (1985) 1 NSWCCR 76 Davie v Edinburgh Corporation [1953] SC 34 Grose v COP (1) [2012] NSWDC 215 Lazos v Aldo Cupillari Pty Ltd (1999) 17 NSWCCR 714 Mirkovic v Davids Holdings Pty Ltd (1995) 11 NSWCCR 656 Thom v Sinclair [1917] AC 127; [1917] S.C. (HL) 35; (1917) 10 BWCC 220 at 235 Category: Principal judgment Parties: Jay Nash (Plaintiff) Commissioner of Police (NSW) (Defendant) Representation: Counsel: Mr T Ower (Plaintiff) Mr J Dodd (Defendant)
Solicitors: Walter Madden Jenkins (Plaintiff) Moray & Agnew (Defendant) File Number(s): RJ202/15 Publication restriction: No
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