Commissioner of Police, New South Wales Police Force v Fine [2014] NSWCA 327

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Commissioner of Police, New South Wales Police Force v Fine [2014] NSWCA 327 Hearing dates: 21 August 2014 Decision date: 21 August 2014 Before: Bathurst CJ; Beazley P; Ward JA Decision: (1) Grant leave to appeal; (2) Direct the applicant to file and serve within 7 days a notice of appeal in the form of the amended draft notice of appeal handed to the Court today; (3) Appeal allowed; (4) Set aside order 3 of the Tribunal below dated 29 May 2014; (5) In lieu thereof order that; (a) Appeal from the decision of the Deputy President dated 16 January 2014 be allowed; (b) Set aside the decision to refuse the applicant's application to be joined to the proceedings; (c) Pursuant to s 44 of the Civil and Administrative Tribunal Act 2013 (NSW) order the appellant to be joined to the proceedings below as the second respondent. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: ADMINISTRATIVE LAW - administrative tribunals - NSW Civil and Administrative Tribunal - joinder of parties - Civil and Administrative Tribunal Act 2013, s 44 - necessary or proper parties - interests of a statutory applicant - functions and interests of the NSW Commissioner of Police under the Liquor Act 2007, s 116AE