Barbagiannis v Commissioner of Police, NSW Police Force [2022] NSWIRComm 1097

Industrial Relations Commission New South Wales Medium Neutral Citation: Barbagiannis v Commissioner of Police, NSW Police Force [2022] NSWIRComm 1097 Hearing dates: 4 November 2022 Date of orders: 4 November 2022 Decision date: 08 November 2022 Jurisdiction: Industrial Relations Commission Before: Commissioner McDonald Decision: 1. Leave to issue a summons for Karen Webb APM, the Commissioner of Police, to personally attend the Commission to give evidence is refused. 2. Leave for the applicant to rely upon material filed and served later than the time specified by the Commission is refused. 3. Vacate the hearing scheduled for 7 and 8 November 2022. 4. Stand the matter over for mention on 15 December 2022. 5. Liberty to the parties to restore the matter on short notice. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW — Public Sector — Police — Application for Review pursuant to s 181D of Police Act 1990 (NSW) — Practice and Procedure – Failure of applicant to comply with directions – Application for leave to rely upon material filed and served out of time – Application for leave to issue a summons for the Commissioner of Police to attend to give evidence – whether 'extraordinary grounds' exist to warrant leave being given to compel Commissioner of Police to give evidence Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 57, 58, 59, 60 Police Act 1990 (NSW), s 181D, 181E, s181F, 181H Uniform Civil Procedure Rules, rr 7.3, 10.1(10), 8.2 Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; 239 CLR 175 Beck v Commissioner of Police [2015] NSWIRComm 1015 Beck v Commissioner of Police (No 2) [2015] NSWIRComm 1019 Bouskila v Corrective Services NSW [2019] NSWIRComm 1061 Commissioner of Police, New South Wales Police Force v Zisopoulos [2020] NSWCA 236; 299 IR 314 Rockcote Enterprises Pty Ltd v FS Architects Pty Ltd [2008] NSWCA 39 Category: Procedural rulings Parties: John Barbagiannis (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Kingston Reid (Respondent)