Mouwad v Commissioner of Police, NSW Police Force (GD) [2011] NSWADTAP 50

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Mouwad v Commissioner of Police, NSW Police Force (GD) [2011] NSWADTAP 50 Hearing dates: 21 September 2011 Decision date: 08 November 2011 Jurisdiction: Appeal Panel - Internal Before: Judge K P O'Connor, President N Isenberg, Judicial Member M Bolt, Non-judicial Member Decision: Appeal dismissed Catchwords: ADEQUACY OF REASONS - nature of Tribunal's duty to give adequate reasons - reliance on confidential information in closed session - reasons for decision suppressed in respect of that information - no reference in reasons to case put by review applicant in open session - whether there is a duty to give adequate reasons in relation to the open part of the case - held no duty so expressed - duty is to be assessed by reference to the reasons as a whole - appeal dismissed Legislation Cited: Administrative Decisions Tribunal Act 1997 Freedom of Information Act 1989 Security Industry Act 1997 Cases Cited: Battenberg v The Union Club [2005] NSWADTAP 20 Beale v Government Insurance Office (1997) 48 NSWLR 430 David Syme & Co Ltd v GMH Ltd [1984] 2 NSWLR 295 Ibrahim v Commissioner of Police, New South Wales Police [2004] NSWADTAP 8 Ibrahim v Commissioner of Police, New South Wales Police Service [2003] NSWADT 220 Young v Cesta-Incani & Anor [2007] NSWCA 229 Category: Principal judgment Parties: Robert Mouwad (Appellant) Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel C Evatt / M Rollinson (Appellant) T Lynch (Respondent) Teakle Ormsby George (Appellant) Crown Solicitor's Office (Respondent) File Number(s): 119018 Decision under appeal Jurisdiction: 9108 Citation: Mouwad v Commissioner of Police, NSW Police Force [2011] NSWADT 93 Date of Decision: 2011-05-04 00:00:00 Before: General Division File Number(s): 103146