Commissioner of Police v John Leslie May

The Commissioner of Police appealed to the Court of Appeal of New South Wales against a determination that John Leslie May was incapacitated for police duties due to major depression, and that this condition was not "duty related".

The central legal issue before the Court of Appeal was whether the primary judge had erred in finding that Mr May's major depression was a condition that arose out of or in the course of his employment as a police officer, thereby entitling him to certain benefits under the relevant legislation.

The Court of Appeal considered the evidence presented and the findings of the primary judge. It was held that the primary judge had correctly applied the principles of statutory interpretation to the relevant provisions concerning "duty related" conditions. The Court found no error in the primary judge's assessment of the evidence, which supported the conclusion that Mr May's depression was causally connected to his service as a police officer.

The appeal was accordingly dismissed, and the Commissioner of Police was ordered to pay the costs of the appeal.