Star Training Academy Pty Ltd v Commissioner of Police (NSW) [2023] NSWSC 153

Supreme Court New South Wales

Medium Neutral Citation: Star Training Academy Pty Ltd v Commissioner of Police (NSW) [2023] NSWSC 153 Hearing dates: 29-30 March, 8 April, and 11 May 2022 Date of orders: 28 February 2023 Decision date: 28 February 2023 Jurisdiction: Common Law Before: N Adams J Decision: (1) The decision of the Security Licensing and Enforcement Directorate dated 10 September 2021 is quashed. (2) The defendant is to pay the plaintiff's costs on the ordinary basis. Catchwords: ADMINISTRATIVE LAW – JUDICIAL REVIEW – jurisdictional error – materiality – procedural fairness – where decision-maker denied procedural fairness by not giving opportunity to address adverse report of a third party – where decision-maker and plaintiff gave evidence about what they would have done in counter factual scenario where procedural fairness was afforded – where decision-maker makes finding of dishonesty – test for materiality – whether the court should resolve factual disputes about what would have occurred had procedural fairness been afforded – whether denial of procedural fairness is material Legislation Cited: Migration Act 1958 (Cth), ss 437, 438, 501(3A), 501CA(4) Security Industry Act 1997 (NSW), ss 15, 27A, 29, 39K Supreme Court Act 1970 (NSW), ss 69, 75 Uniform Civil Procedure Rules 2005 (NSW), r 59.10(1) Migration Regulations 1994 (Cth) Cases Cited: Bale & Anor v Mills (2011) 81 NSWLR 498; [2011] NSWCA 226 Hansen & Anor v Patrick & Ors (2019) 3 Qd R 93; [2018] QCA 298 Jones v Dunkel (1995) 101 CLR 298; [1995] HCA 8 Kirk v Industrial Court of New South Wales (2010) 239 CLR 531; [2010] HCA 1 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421; [2019] HCA 3 Minister for Immigration and Border Protection v SZSSJ (2016) 259 CLR 180; [2016] HCA 29 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17; 95 ALJR 441 Nadinic v Drinkwater (2017) 94 NSWLR 518; [2017] NSWCA 114 Nathanson v Minister for Home Affairs (2022) 96 ALJR 737; [2022] HCA 26 R v Australian Broadcasting Tribunal; Ex parte Hardiman (1980) 144 CLR 13; [1980] HCA 13 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82; [2000] HCA 57 STAR Training Academy Pty Ltd v Commissioner of Police [2021] NSWCATOD 166 STAR Training Academy Pty Ltd v Commissioner of Police [2021] NSWCATAP 370 Stead v State Government Insurance Commission (1986) 161 CLR 141; [1981] HCA 54 Category: Principal judgment Parties: Star Training Academy Pty Ltd (ACN 601 671 916) (Plaintiff) Commissioner of Police (NSW) (Defendant) Representation: Counsel: Mr J King (Plaintiff) Mr J Emmett SC with Ms A Hammond (Defendant)