McGhee v Commissioner of Police (No 2) [2010] NSWIRComm 165

Industrial Relations Commission of New South Wales

CITATION: McGhee v Commissioner of Police (No 2) [2010] NSWIRComm 165

PARTIES: Robert Bruce McGhee (Appellant) Commissioner of Police (Respondent)

FILE NUMBER(S): IRC 352 of 2010

CORAM: Boland J President; Walton J Vice-President; Backman J

POLICE - Appeal - Interlocutory proceedings - Application by appellant seeking leave to have reconsidered by a five-member Full Bench the correctness of the Full Bench majority's decision in Commissioner of Police v Reid-Frost [2010] NSWIRComm 2; (2010) 192 IR 363 in respect of the majority's treatment of s 181D(3)(c) and s 181D(4) of the Police Act 1990 - Relevant principles - Plainly wrong - Compelling reasons - Contended that Reid-Frost was decided per incuriam and in conflict with established natural justice or procedural fairness principle - Reliance on Parramatta City Council v Hale (1982) 47 LGRA 319 and Lohse v Arthur (No 3) [2009] FCA 1118; (2009) 188 IR 205 - Decision in Reid-Frost not plainly wrong - No grounds to depart from decision - Application for leave to reconsider Reid-Frost refused CATCHWORDS: APPEAL - Police - Interlocutory proceedings - Application by appellant seeking leave to have reconsidered by a five-member Full Bench the correctness of the Full Bench majority's decision in Commissioner of Police v Reid-Frost [2010] NSWIRComm 2; (2010) 192 IR 363 in respect of the majority's treatment of s 181D(3)(c) and s 181D(4) of the Police Act 1990 - Relevant principles - Plainly wrong - Compelling reasons - Contended that Reid-Frost was decided per incuriam and in conflict with established natural justice or procedural fairness principle - Reliance on Parramatta City Council v Hale (1982) 47 LGRA 319 and Lohse v Arthur (No 3) [2009] FCA 1118; (2009) 188 IR 205 - Decision in Reid-Frost not plainly wrong - No grounds to depart from decision - Application for leave to reconsider Reid-Frost refused