Foxman v Commissioner of Police, NSW Police Force [2022] NSWCATAD 13

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Foxman v Commissioner of Police, NSW Police Force [2022] NSWCATAD 13 Hearing dates: On the papers Date of orders: 13 January 2022 Decision date: 13 January 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: J Gatland, Senior Member Decision: (1) The Application for Stay or Interim Order filed on 12 August 2021 is dismissed. (2) The Application for Review filed on 12 August 2021 is dismissed. (3) By 14 February 2022, the Commissioner of Police is to file and serve submissions not exceeding two pages on the question of costs. (4) By 28 February 2022, the Applicants are to file and serve submissions not exceeding two pages on the question of costs. Such submissions will only be required if the Commissioner of Police has served submissions in accordance with order 3 above. Catchwords: ADMINISTRATIVE LAW — Reviewability — Jurisdiction — no identified enabling legislation – dismissal Legislation Cited: Administrative Decisions Review Act 1997 (NSW), ss 7, 9 Civil and Administrative Tribunal Act 2013 (NSW), ss 4, 28, 30, 55, 60 Sch 3 Government Information (Public Access) Act 2009 (NSW), Part 5, Div 3 Local Court Act 2007 (NSW) Cases Cited: Alchin v Rail Corporation of New South Wales [2012] NSWADT 142 Fox v Commissioner of Police, NSW [2016] NSWCATAD 77 Long v Metromix Pty Ltd [2019] NSWCATAP 198 White v Sutherland Shire Council [2019] NSWCATAD 100 Category: Procedural rulings Parties: Michael Foxman (First Applicant) Marius Street Investments Pty Ltd (Second Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Applicants (Self-represented) Office of General Counsel, NSW Police Force (Respondent) File Number(s): 2021/00235976