Pendrick v Commissioner of Police, NSW Police Force [2021] NSWCATAD 326

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Pendrick v Commissioner of Police, NSW Police Force [2021] NSWCATAD 326 Hearing dates: On the papers Date of orders: 05 November 2021 Decision date: 05 November 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Decision: 1. A hearing of the respondent's applications for orders under s 59 of the Administrative Decisions Review Act 1997 and ss 49 and 64 of the Civil and Administrative Tribunal Act 2013 is dispensed with. 1A. Pursuant to s 59 of the Administrative Decisions Review Act 1997 (NSW), copies of the documents comprising the Confidential Material (which were the subject of the respondent's application dated 18 August 2021), are not required to be lodged with the Tribunal. 2. Disclosure of the confidential affidavit, filed by the respondent on 27 September 2021, and of matters contained in that affidavit, to the applicant in proceeding 2021/168642 and to the applicant in proceeding 2021/168663 is prohibited. 3. Publication of the confidential affidavit, filed by the respondent on 27 September 2021, and of matters contained in that affidavit, is prohibited. 4. Disclosure of the confidential material which was the subject of the respondent's application made on 18 August 2021, and of matters contained in that material, to the applicant in proceeding 2021/168642 and to the applicant in proceeding 2021/168663 is prohibited, pending further order. 5. Publication of the confidential material which was the subject of the respondent's application made on 18 August 2021, and of matters contained in that material, is prohibited, pending further order. 6. The respondent's application made on 18 August 2021 is otherwise dismissed. Catchwords: ADMINISTRATIVE LAW – Where respondent applied for order under s 59 of the Administrative Decisions Review Act 1997 that he not be required to lodge a confidential document - Where respondent also applied for non-publication and non-disclosure orders – Whether order under s 59 should be made – Whether non-publication and non-disclosure orders should be made in relation to documents, prior to those documents being tendered in evidence Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Firearms Act 1996 (NSW) Cases Cited: Bettington v Commissioner of Police [2021] NSWCATAP 110 Grant v Commissioner of Police [2020] NSWCATAD 158 Pollard v Commissioner of Police, NSW Police Force [2021] NSWCATAD 227 State of New South Wales (Justice Health) v Dezfouli [2008] NSWADTAP 69 Category: Procedural rulings Parties: Ronald Pendrick (First Applicant) April Pendrick (Second Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Hartmann & Associates (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s): 2021/168642; 2021/168663 Publication restriction: See orders 2 to 5 above.