Storey v Commissioner of the New South Wales Police Force [2020] NSWSC 1135

Supreme Court New South Wales

Medium Neutral Citation: Storey v Commissioner of the New South Wales Police Force [2020] NSWSC 1135 Hearing dates: 20 August 2020 Date of orders: 27 August 2020 Decision date: 27 August 2020 Jurisdiction: Common Law Before: Davies J Decision: 1. Plaintiff's application to vacate hearing date for Motions listed on 20 August 2020 and the substantive hearing is refused. Plaintiff's notice of motion dated 18 August 2020 is dismissed. 2. Plaintiff's notice of motion dated 17 July 2020 is dismissed. 3. Plaintiff to pay the First Defendant's costs of the hearing of the notice of motion dated 17 July 2020. Catchwords: CIVIL PROCEDURE - interrogatories - application for leave to administer interrogatories - where plaintiff is seeking judicial review of two decisions of the Industrial Relations Commission upholding his removal from the police force by the Commissioner of Police - where plaintiff claims proceedings were tainted due to his legal representatives being affected by a conflict of interest - where no evidence to support allegations - where interrogatories amount to fishing - notice of motion dismissed. Legislation Cited: Industrial Relations Act 1996 (NSW) ss 162, 163, 181 Law Enforcement (Controlled Operations) Act 1997 (NSW) Legal Profession Uniform Law (NSW) s 266 Police Act 1990 (NSW) ss 181E, 181G Uniform Civil Procedure Rules 2005 (NSW) rr 22.1, 59.7 Cases Cited: Associated Dominions Assurance Society Pty Ltd v John Fairfax & Sons Pty Ltd (1955) 72 WN (NSW) 250 Council of the Law Society v DXW [2019] NSWSCATOD 101 Edwards v Hornsby Shire Council [2014] NSWSC 600 W A Pines Pty v Bannerman (1980) 41 FLR 169 Category: Principal judgment Parties: Justin Storey (Plaintiff) Commissioner of the New South Wales Police Force (First Defendant) Industrial Relations Commission of New South Wales Representation: Counsel: In person (Plaintiff) J Darams (First Defendant) Submitting appearance (Second Defendant)