Loo v Commissioner of Police [2018] NSWDC 39

District Court New South Wales

Medium Neutral Citation: Loo v Commissioner of Police [2018] NSWDC 39 Hearing dates: 26 February 2018 Date of orders: 26 February 2018 Decision date: 26 February 2018 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) The decision of the Defendant's Delegate dated 6 February 2017, pursuant to section 12D(4)(a) of the Police Regulation (Superannuation) Act 1906 (NSW) ("the Act"), that the Plaintiff's 'hearing loss injury' was not caused by the Plaintiff's having been hurt on duty, be set aside, pursuant to section 21 of the Act. (2) The Plaintiff's 'hearing loss injury' was caused by him having been hurt on duty. (3) The Defendant pay the Plaintiff's costs as agreed or assessed. Catchwords: POLICE – hurt on duty - Application to set aside the decision of the Defendant's Delegate under 12D(4)(a) Police Regulation (Superannuation) Act 1906 (NSW) that the Plaintiff's 'hearing loss injury' was not caused by the Plaintiff's having been hurt on duty – admission by the defendant, at the commencement of the hearing, that the workplace was a noisy workplace and that the facts and matters pleaded by the plaintiff in that regard were all made out – whether the remaining question of the plaintiff reaching the threshold for compensation under s 69A Workers Compensation Act 1987 (NSW) was a matter for the court or a matter for the Trustee to determine in accordance with the statutory scheme in the legislation – proceedings remitted to the Trustee Legislation Cited: Police Regulation (Superannuation) Act 1906 (NSW), ss 9A, 10, 11, 12D, 14 and 21 Workers Compensation Act 1987 (NSW), s 69A Cases Cited: Bannon v Commissioner of Police [2015] NSWDC 60 Brown v Commissioner of Police [2013] NSWDC 273 Commissioner of Police v Kennedy (2007) 5 DDCR 380 Meyers v Commissioner of Police [2015] NSWDC 123 Category: Principal judgment Parties: Plaintiff: Hank Loo Defendant: Commissioner of Police Representation: Counsel: Plaintiff: Mr T Ower Defendant: Mr J Dodd