QLD Protection Security Pty Ltd v Commissioner of Police, NSW Police Force [2018] NSWCATAP 113

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: QLD Protection Security Pty Ltd v Commissioner of Police, NSW Police Force [2018] NSWCATAP 113 Hearing dates: On the papers Date of orders: 14 May 2018 Decision date: 14 May 2018 Jurisdiction: Appeal Panel Before: Wright J, President S Higgins, Senior Member Decision: 1. An oral hearing is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). 2. The appellant has leave to amend its notice of appeal so that the grounds of appeal are as set out in par 2 of its written submissions filed on 2 February 2018. 3. Leave to appeal is refused. 4. The appeal is dismissed. Catchwords: APPEAL – leave to appeal from refusal to grant stay or make other order under s 60(2) of the Administrative Decisions Review Act 1997 (NSW) – no obvious factual error – no failure to take into account substantial material relating to a mandatory consideration –parties able to make further applications even if appeal not permitted

ADMINISTRATIVE LAW – revocation of security licence by Commissioner of Police under s 26 of the Security Industry Act 1997 (NSW) – application for review of decision to the NSW Civil and Administrative Tribunal (NCAT) – refusal to grant a stay or make other order affecting the operation of the revocation decision – mandatory consideration of detriment under s 60(3)(a) of the Administrative Decisions Review Act 1997 (NSW) – lack of substantial material concerning detriment – further applications able to be made Legislation Cited: Administrative Decisions Review Act 1997 (NSW), ss 7, 53, 60(2) Civil and Administrative Tribunal Act 2013 (NSW), ss 30(3), 50(2) Security Industry Act 1997 (NSW), ss 4, 5, 15, 16, 16A, 21, 26, 29(1)(c) Security Industry Regulation 2016 (NSW), cl 12(1) and (4)(c)(ii) and (iii) Cases Cited: AVS Group of Companies Pty Ltd v Commissioner of Police [2010] NSWCA 81 Collins v Urban [2014] NSWCATAP 17 Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Grant v Local Court of New South Wales [2015] NSWSC 356 House v The King (1936) 55 CLR 499 Khalaf v Commissioner of Police, NSW Police Force; QLD Protection Security Pty Ltd v Commissioner of Police, NSW Police Force [2017] NSWCATAD 380 Loveday v Commissioner for Fair Trading [2018] NSWCATAD 80 Nationwide News Pty Limited v Rush [2018] FCAFC 70 Re Don [2006] NSWSC 1125 Re Scott and Australian Securities and Investments Commission [2009] AATA 798 Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33 Category: Principal judgment Parties: QLD Protection Security Pty Ltd (appellant) Commissioner of Police, NSW Police Force (respondent) Representation: Counsel: G James QC and P Lange (appellant) J Mattson, solicitor (respondent)