Commissioner of Police, New South Wales Police Force v Zisopoulos [2020] NSWSC 622

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of Police, New South Wales Police Force v Zisopoulos [2020] NSWSC 622 Hearing dates: On the papers Decision date: 25 May 2020 Jurisdiction: Common Law Before: R A Hulme J Decision: 1. Pursuant to rule 1.2(1)(b) of the Uniform Civil Procedure Rules, order that the proceedings be removed into the Court of Appeal. 2. Costs of the motion are costs in the cause. Catchwords: ADMINISTRATIVE LAW – review of decision to remove a police officer – police officer allegedly ingested illicit drugs – construction of s 181F(2) Police Act 1900 – whether shifting evidentiary onus in review proceedings – whether proceedings should be removed into the Court of Appeal – special circumstances found – proceedings remove to Court of Appeal Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Police Act 1990 (NSW), ss 175, 181D-181F Uniform Civil Procedure Rules 2005, r 1.21(1) Cases Cited: Commissioner of Police v Zisopoulos [2019] NSWIRComm 1073 Tredinnick v Commissioner of Police [2016] NSWIRComm 14 Zisopoulos v Commissioner of Police [2018] NSWIRComm 1011 Category: Principal judgment Parties: Commissioner of Police, New South Wales Police Force (Applicant) George Zisopoulos (First Respondent) Industrial Relations Commission of New South Wales (Second Respondent) (submitting appearance) Representation: Counsel: Mr J K Kirk SC with Mr Y Shariff (Applicant) Mr G McGrath SC with Mr B Eurell (First Respondent)