Brandusoiu v Commissioner of Police, NSW Police Force (GD) [2011] NSWADTAP 47

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Brandusoiu v Commissioner of Police, NSW Police Force (GD) [2011] NSWADTAP 47 Hearing dates: 22 August 2011 Decision date: 18 October 2011 Jurisdiction: Appeal Panel - Internal Before: Judge K P O'Connor, President P Molony, Judicial Member P Smith, Non-judicial Member Decision: 1. Appeal on question of law allowed. 2. Decision under appeal set aside. 3. Leave to extend to merits granted. 4. Directions hearing to be arranged by Registrar. Catchwords: LICENSING - Revocation of Licences - Based on External Finding - Review applicant challenges strength of the evidence giving rise to the finding - Tribunal declines to consider challenge - Held Tribunal must give due regard to finding Legislation Cited: Administrative Decisions Tribunal Act 1997 Commercial Agents and Private Inquiry Agents Act 2004 Firearms Act 1996 Security Industry Act 1997 Cases Cited: A Solicitor v Council of the NSW Law Society [2004] HCA 1; 216 CLR 253; 204 ALR 8; 78 ALJR 310 Brandusoiu v Commissioner of Police [1999] NSWADTAP 8 Brandusoiu v Commissioner of Police, NSW Police Force [2009] NSWADT 222 Brandusoiu v Commissioner of Police, NSW Police Force [2011] NSWADT 57 Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 General Medical Council v Spackman [1943] AC 627 Minister for Immigration & Multicultural Affairs v Ali [2000] FCA 1385 Peter Plessas v Commissioner of Police, NSW Police [2004] NSWADT 29 Stead v State Government Insurance Office [1986] HCA 54; (1986) 161 CLR 141 Ziems v Prothonotary of the Supreme Court of NSW [1957] HCA 46; (1957) 97 CLR 279 Category: Principal judgment Parties: Tiberiu Brandusoiu (First Appellant) Exhibition and Function Security Pty Limited (Second Appellant) Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel P Linegar (Appellants) M Rumore, Solicitor (Appellants) C Zoppo, Sparke Helmore Lawyers (Respondent) File Number(s): 119013 Decision under appeal Jurisdiction: 9108 Citation: Brandusoiu v Commissioner of Police, NSW Police Force [2011] NSWADT 57 Date of Decision: 2011-03-22 00:00:00 Before: General Division File Number(s): 103079, 103080, 103081, 103157