Storey v Commissioner of the New South Wales Police Force (No 2) [2020] NSWSC 1429

Supreme Court New South Wales

Medium Neutral Citation: Storey v Commissioner of the New South Wales Police Force (No 2) [2020] NSWSC 1429 Hearing dates: 2 September 2020 Date of orders: 16 October 2020 Decision date: 16 October 2020 Jurisdiction: Common Law Before: Wright J Decision: (1) The time for commencing these proceedings is extended to 26 February 2020. (2) The plaintiff's notice of motion filed on 2 September 2020 is dismissed. (3) The plaintiff's notice to produce served on the first defendant's solicitors on 21 August 2020 is set aside. (4) The amended summons filed on 29 April 2020 is dismissed. (5) The plaintiff is to pay the first defendant's costs, including reserved costs, as agreed or assessed. Catchwords: ADMINISTRATIVE LAW – Judicial review of administrative decisions – Review of decision of Commissioner of Police – Removal order under s 181D of the Police Act 1900 (NSW) – Whether s 213 of the Police Act 1900 (NSW) precluded making of removal order – Whether error of law on the face of the record or jurisdictional error– No error established ADMINISTRATIVE LAW – Judicial review of administrative decisions – Review of decision of Industrial Relations Commission – Rejection by IRC of review application in relation to removal order under s 181D of the Police Act 1900 (NSW) – Review of refusal of leave to appeal from IRC decision by Full Bench – Whether police officer acting in the course of his duties when engaging in the conduct that led to his removal – Whether jurisdictional error by IRC or Full Bench – No jurisdictional error established Legislation Cited: Crimes Act 1900 (NSW) Criminal Code Act 1995 (Cth) Industrial Relations Act 1996 (NSW) Police Act 1990 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Assistant Commissioner Condon v Pompano Pty Ltd (2013) 252 CLR 38; [2013] HCA 7 Byrne v Australian Airlines Limited (1995) 185 CLR 410; [1995] HCA 24 Hosemans v Commissioner of Police (No 4) (2005) 150 IR 263; [2005] NSWIRComm 409 Huynh v Minister for Immigration and Border Protection [2020] FCAFC 153 Jamie Morgan v Commissioner of Police [2011] NSWCA 134; 209 IR 374 Kirk v Industrial Court of New South Wales (2010) 239 CLR 531; [2010] HCA 1 Minister for Immigration and Citizenship v SZQHH [2012] FCAFC 45 Police Association of New South Wales v State of New South Wales [2019] NSWSC 587 Re McBain; Ex Parte Australian Catholic Bishops Conference (2002) 209 CLR 372; [2002] HCA 16 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1; [2003] HCA 6 Rowe v Australian United Steam Navigation Co Ltd (1909) 9 CLR 1; [1909] HCA 25 R v Birks (1990) 19 NSWLR 677 Saeed v Minister for Immigration and Citizenship (2010) 241 CLR 252; [2010] HCA 23 Storey v Commissioner of Police [2019] NSWIRComm 1050 Storey v Commissioner of Police (No. 2) [2019] NSWIRComm 1057 Storey v Commissioner of Police (No. 3) [2019] NSWIRComm 1083 Storey v Commissioner of Police (No 4) [2019] NSWIRComm 1087 Storey v Commissioner of the New South Wales Police Force [2020] NSWSC 1135 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152; [2006] HCA 63 Category: Principal judgment Parties: Justin Storey (Plaintiff) Commissioner of the New South Wales Police Force (First Defendant) Industrial Relations Commission of New South Wales (Second Defendant) Representation: Plaintiff – self represented