Infinity Security Group Pty Limited v Commissioner of Police, NSW Police Force [2023] NSWCATAP 173

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Infinity Security Group Pty Limited v Commissioner of Police, NSW Police Force [2023] NSWCATAP 173 Hearing dates: 24 March 2023 Date of orders: 28 June 2023 Decision date: 28 June 2023 Jurisdiction: Appeal Panel Before: I R Coleman SC ADCJ, Principal Member D Robertson, Senior Member Decision: 1 Leave to appeal is refused. 2 A party seeking an order for costs file and serve written submissions not exceeding 5 pages in length in support of such application within 21 days of this decision. 3 A party opposing an order for costs file and serve written submissions not exceeding 5 pages in length in support of such opposition within 42 days of this decision. 4 A party opposing an order dispensing with a hearing of any costs application pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 include submissions in support of such opposition in any submissions filed pursuant to these orders. Catchwords: APPEAL- whether leave should be granted to appeal against interlocutory orders made under s 59 of Administrative Decisions Review Act 1997, s 49 and s 64 of Civil and Administrative Tribunal Act in administrative review proceedings under Security Industry Act - whether leave to adduce new evidence should be granted Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Courts Suppression and Non-publication Orders Act 2010 (NSW) Firearms Act 1996 (NSW) Migration Act 1960 (Cth) Security Industry Act 1997 (NSW) Cases Cited: Bellamy v Bellamy [2018] NSWSC 354 Bettington v Commissioner of Police [2021] NSWCATAP 110 Brazel v Sydney Water [2022] NSWCATAP 180 Champion Homes Pty Limited v Guirgis [2018] NSWCATAP 54 Collins v Urban [2014] NSWCATAP 17 Commissioner of Police, New South Wales v Gray (2009) 74 NSWLR 1 Dattilo v Commissioner of Police [2021] NSWCATAD 349 DRJ v Commissioner of Victims Rights [2020] NSWCA 136 Grant v Commissioner of Police [2020] NSWCATAD 158 HT v The Queen (2019) 269 CLR 403; [2019] HCA 40 Magdy and Infinity Security Group Pty Ltd v Commissioner of Police, NSW Police Force [2022] NSWCATOD 172 Pendrick v Commissioner of Police, NSW Police Force [2021] NSWCATAD 326 Pollard v Commissioner of Police, NSW Police Force [2021] NSWCATAP 227 Project Blue Sky Inc v Australian Broadcasting Association (1998) 194 CLR 355; [1998] HCA 28 Public Service Association & Professional Officers Association Amalgamated Union of New South Wales v Secretary of the Treasury [2014] NSWCA 112 27 Re Bolton; Ex parte Beane (1987) 162 CLR 514; [1987] HCA 12 Ros v Commissioner of Police [2020] NSWCATAP 70 State of New South Wales (Justice Health)v Dezfouli [2008] NSWADTAP 27 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 229 CLR 152; [2006] HCA 63 SZTAL v Minister for Immigration and Border Protection (2017) 262 CLR 362; [2017] HCA 34 Ultimate Vision Investments Pty Limited v Innovation and Science Australia [2023] FCAFC 23 Category: Principal judgment Parties: Infinity Security Group Pty Ltd; Mehedat Magdy (Appellants) Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel: G A Edwards (Appellants) T Liu (Respondent)