Commissioner of Police, NSW Police Force v Monastirski [2017] NSWCATAP 225

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Commissioner of Police, NSW Police Force v Monastirski [2017] NSWCATAP 225 Hearing dates: 01 September 2017 Date of orders: 08 December 2017 Decision date: 08 December 2017 Jurisdiction: Appeal Panel Before: N Hennessy LCM, Deputy President S Montgomery, Senior Member Decision: (1) The appeal is allowed, in part.

(2) Leave is refused for the Commissioner of Police, NSW Police Force to appeal on grounds other than questions of law.

(3) The Tribunal's decision is affirmed.

(4) Mr Monastirski's application for costs is refused. Catchwords: ADMINISTRATIVE LAW – appeal from exercise of discretion to make a long term banning order – whether a person's private interests are a mandatory consideration rendering the decision invalid if they are not taken into account, or whether a person's private interests are a permissive consideration – whether the Tribunal treated the matters in s 3(2) of the Liquor Act 2007 (NSW) as mandatory considerations – whether the Tribunal treated the fact that the conduct giving rise to the application for the long-term banning order occurred or did not occur at a high risk venue as a mandatory consideration. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Liquor Act 2007 (NSW) Cases Cited: Austereo Ltd v Trade Practices Commission (1993) 41 FCR 1 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Collins v Urban [2014] NSWCATAP 17 House v The King [1936] HCA 40; 55 CLR 499 Khan v Minister for Immigration, Local Government and Ethnic Affairs (unreported, Fed Ct, Dec 1987) (14 ALD 291) Kioa v West [1985] HCA 81; (1985) 159 CLR 550 Lafu v Minister for Immigration and Citizenship [2009] FCAFC 140 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Weal v Bathurst City Council [2000] NSWCA 88; (2000) 111 LGERA 181 Texts Cited: Aronson and Groves, Judicial Review of Administrative Action, (5th ed Law Book Company 2013) Category: Principal judgment Parties: Commissioner of Police, NSW Police Force (Appellant) Leon Monastirski (1st Respondent) Independent Liquor and Gaming Authority (2nd Respondent) Representation: Counsel: H El-Hage (Appellant) B Levet (1st Respondent)