Ritson v Secretary of Department of Justice and anor [2014] NSWSC 1651

Supreme Court New South Wales

Medium Neutral Citation: Ritson v Secretary of Department of Justice and anor [2014] NSWSC 1651 Hearing dates: 30 September 2014 Decision date: 26 November 2014 Before: Bellew J Decision: 1.Pursuant to r. 59.10(2) of the Uniform Civil Procedure Rules 2005 the time in which to commence the proceedings is extended to 14 March 2014. 2.The proceedings are dismissed. 3.The plaintiff is to provide to my Associate, and to the solicitor for the defendants, any written submissions as to costs by 4.00 pm on 4 December 2014, such submissions not to exceed two pages in length. 4.The defendant is to provide to my Associate, and to the plaintiff, any written submissions as to costs by 4.00 pm on 8 December 2014, such submissions not to exceed two pages in length. Catchwords: ADMINISTRATIVE LAW - judicial review - plaintiff a former police officer charged with an offence - matter dismissed - where plaintiff made application for ex-gratia payment in respect of a portion of legal costs incurred in successful defence of charge - where application declined - whether plaintiff denied procedural fairness in determination of application

ADMINISTRATIVE LAW - allegation of bias - person against whom allegation made not the decision maker - necessity for connection between the alleged bias and the making of the decision

PRACTICE AND PROCEDURE - application for judicial review - where proceedings commenced outside of prescribed limitation period - plaintiff unrepresented - all evidence documentary - no prejudice to the defendants - whether extension of time ought be granted Legislation Cited: Costs in Criminal Cases Act 1967 Privacy and Personal Information Protection Act 1998 (NSW) Police Act 1990 Police Regulation 2000 Police Regulation 2008 Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules NSW 2005 Cases Cited: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Chief Constable of North Wales Police v Evans [1982] 1 WLR 1155; [1982] 3 All ER 141 Clements v Independent Indigenous Advisory Committee (2003) 131 FCR 28 Goodwin v Commissioner of Police [2012] NSWCA 379 Kioa v West (1985) 159 CLR 550 Muin v Refugee Review Tribunal [2002] HCA 30; (2002) 190 ALR 601 Minister for Immigration and Multicultural Affairs; Ex parte Applicant S154/2002 (2003) 77 ALJR 1909; R v Ritson; R v Stacey [2010] NSWDC 160 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam [2003] HCA 6; (2003) 214 CLR 1 Re Minister for Immigration and Multicultural Affairs; Ex parte Miah [2001] HCA 22; 206 CLR 57 Rana v Military Rehabilitation and Compensation Commission [2011] FCAFC 80; (2011) 55 AAR 300 Roads and Traffic Authority of NSW v Peak [2007] NSWCA 66 Sakkara Investment Holdings Pty Limited (as Trustee for Sakkara Landings Trust) v The Residents Committee [2014] NSWSC 610 The Australian Gas Light Company v The Valuer-General (1940) 40 SR(NSW) 126 State of South Australia v O'Shea; O'Shea v Nelson and ors (1987) 163 CLR 378 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; (2006) 228 CLR 152 Stead v State Government Insurance Commission [1986] HCA 54; (1986) 161 CLR 141; Vakauta v Kelly [1989] HCA 44; (1989) 167 CLR 568 Warkworth Mining Limited v Bulga Milbrodale Progress Association Inc and anor [2014] NSWCA 105; (2014) 307 ALR 262 Category: Principal judgment Parties: Brendan Ritson - Plaintiff Secretary of the Department of Justice - First defendant Attorney-General for the State of NSW - Second defendant Representation: Counsel: In person - Plaintiff Mr J Hutton - Defendants Solicitors: Crown Solicitor for NSW - Defendants File Number(s): 2014/78979 Publication restriction: Nil