Commissioner of Police, NSW Police Force v Robinson [2022] NSWCATAP 121

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Commissioner of Police, NSW Police Force v Robinson [2022] NSWCATAP 121 Hearing dates: 8 April 2022 Date of orders: 22 April 2022 Decision date: 22 April 2022 Jurisdiction: Appeal Panel Before: Dr R Dubler SC, Senior Member J Lucy, Senior Member Decision: (1) Leave to Appeal is granted. (2) Appeal is dismissed. (3) If either party seeks a costs order, the following directions apply: (a) The applicant for costs ('costs applicant') must file and serve a cost application, including submissions and any evidence in support, within seven days of the date of these orders. (b) The respondent of the cost application is to file and serve any submissions and evidence in reply within 14 days from the date of these orders. (c) A costs applicant is to file any submissions in reply within 21 days from the date of these orders. (d) Any submissions are to include submissions on the issue of whether an order should be made pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW), dispensing with the hearing of the cost application. Catchwords: PRACTICE AND PROCEDURE – medical examination requested by a party – whether condition of examinee that the medical examination be video recorded was unreasonable – whether the Tribunal ought to have stayed the proceedings Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 1, s 29(2)(a), s 36(2), s 50(2), s 60, s 80 NCAT Procedural Direction 3 Uniform Civil Procedure Rules 2005, r 23.2, r 23.4, r 23.5 Cases Cited: Alexakis v Health Care Complaints Commission [2021] NSWCA 217 Brian v Regent Enterprises Pty Limited (1991) 3 WAR 552 Champion Homes Pty Ltd v Guirgis [2018] NSWCATAP 54 Collins v Urban [2014] NSWCATAP 17 Furesh (as Administrator of Intestate Estate of Slipcevich) v Schor [2013] WASCA 231; (2013) 45 WAR 546 Hall v Avon Area Health Authority [1980] 1 WLR 481 Hastwell v Kott Gunning [2021] FCAFC 70 Holshandon Pty Limited v Eakin [2014] NSWSC 1028 Macquarie International Health Clinic Pty Limited v Sydney Local Health District [2013] NSWSC 970 McKinney and Judge v The Queen (1991) 171 CLR 468 Richardson v Whymark Nominees Pty Limited (2001) 27 SR (WA) 225; [2001] WADC 169 Starr v National Coal Board [1977] 1 WLR 63 Van Dongen v Masters Dairy [2001] WASCA 1 Texts Cited: None Category: Principal judgment Parties: Commissioner of Police, NSW Police Force (Appellant) Glen Robinson (Respondent) Representation: Counsel: M Seck (Appellant) VM Heath (Respondent)