Baena v Commissioner of Police (No 2) [2009] NSWIRComm 182

Baena v Commissioner of Police (No 2) [2009] NSWIRComm 182

The Court orders that issues raised by the parties in their respective motions will be heard and determined separately from the substantive issue, as preliminary determination of these issues may expedite the resolution of the substantive dispute.

Jurisdiction
Australia
Judgment Date
09 November 2009
Procedural Posture
Interlocutory Judgment / Separate Hearing Ordered for Preliminary Issues
Outcome
Separate hearing and determination ordered
Legal Topics
['superannuation Benefit Under Industrial Instrument' 'estoppel by Convention' 'promissory Estoppel' 'separate Determination of Issues']
['employment Law' 'superannuation' 'industrial Law'] ['superannuation Benefit Under Industrial Instrument' 'estoppel by Convention' 'promissory Estoppel' 'separate Determination of Issues']

Case Brief

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Procedural Posture

Interlocutory Judgment / Separate Hearing Ordered for Preliminary Issues

Legal Issues

  1. 1 ['Whether the applicant is covered under the Crown Employees (Police Officers Death and Disability) Award 2005 for total and permanent disability' 'Whether entitlement under the Award exists following payment from State Authorities Superannuation Scheme' 'Whether the respondent is estopped from denying that the applicant is under total and permanent disability']

Ratio Decidendi

The Court orders that issues raised by the parties in their respective motions will be heard and determined separately from the substantive issue, as preliminary determination of these issues may expedite the resolution of the substantive dispute.

Court Disposition

Separate hearing and determination ordered

Orders

  • ['Issues raised by the parties in their respective motions will be heard and determined separately from the substantive issue.' 'Parties to confer on a timetable for filing and serving material for the preliminary hearing including outlines of submissions and to arrange a hearing date.' 'In the absence of agreement,...