Commissioner of Police, NSW Police v Zraika [2005] NSWADTAP 1

Appeal Panel - Internal

CITATION: Commissioner of Police, NSW Police v Zraika [2005] NSWADTAP 1 APPELLANT PARTIES: Commissioner of Police, NSW Police RESPONDENT Malek Zraika FILE NUMBER: 049017 HEARING DATES: 12/08/2004 SUBMISSIONS CLOSED: 08/12/2004 DATE OF DECISION: 01/10/2005

Zraika v Commissioner of Police, NSW Police [2004] NSWADT 67 DECISION UNDER APPEAL: BEFORE: Hennessy N - Magistrate (Deputy President); Rice S - Judicial Member; Mooney L - Non Judicial Member CATCHWORDS: no evidence - statutory interpretation - weight of evidence MATTER FOR DECISION: Principal matter FILE NUMBER UNDER APPEAL: 031078 DATE OF DECISION UNDER APPEAL: 04/07/2004 Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Anti-Discrimination Act 1977 Disability Discrimination Act 1992 (Cth) Evidence Act 1995 CASES CITED: X v Commonwealth (1999) 200 CLR 177, Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321; Australian Iron & Steel Pty Ltd v Najdovska (1988) 12 NSWLR 587; David Jones (Australia) Pty Limited v P & Anor (NSW Supreme Court, unreported, 29 August 1997); Brandusoiu -v- Commissioner of Police [1999] NSWADTAP 8 APPELLANT REPRESENTATION: K Nomchong, barrister RESPONDENT D Hillard, solicitor ORDERS: 1. The Tribunal's decision is affirmed; 2. The appeal is dismissed; 3. If Mr Zraika wishes to make an application for costs, he should file and serve such an application together with any evidence or submissions in support within 28 days of the date of this decision; 4. If such an application is made, the Commissioner should file and serve any evidence and submissions in reply within a further 28 days; 5. The application for costs will then be set down for a hearing on a date to be fixed.