Miriani v Commissioner of Police, NSW Police Force [2018] NSWCATAD 207

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Miriani v Commissioner of Police, NSW Police Force [2018] NSWCATAD 207 Hearing dates: On the papers Date of orders: 05 September 2018 Decision date: 05 September 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: L Pearson, Principal Member Decision: (1) Proceedings 2017/321246: (a) Pursuant to s50(2) of the Civil and Administrative Tribunal Act 2013 a hearing is dispensed with; (b) The application to reinstate the proceedings is dismissed. (2) Proceedings 2017/338113: (a) Pursuant to s50(2) of the Civil and Administrative Tribunal Act 2013 a hearing is dispensed with; (b) The application to reinstate the proceedings is dismissed. (3) Proceedings 2018/03718: (a) Pursuant to s50(2) of the Civil and Administrative Tribunal Act 2013 a hearing is dispensed with; (b) The application to reinstate the proceedings is dismissed. Catchwords: ADMINISTRATIVE REVIEW – dismissal of proceedings for non-appearance – whether reasonable explanation for failure to appear Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Regulation 2013 Civil and Administrative Tribunal Rules 2014 Government Information (Public Access) Act 2009 Cases Cited: Habib v State of New South Wales (NSW Police Force) [2014] NSWCATAP 70 Hammond v Ozzy's Cheapest Cars Pty Ltd t/as Ozzy Car Sales [2015] NSWCATAP 65 Wallace v Price [2017] NSWCATAP 151 Category: Principal judgment Parties: Joe Miriani (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Applicant in person Sparke Helmore Lawyers (Respondent) File Number(s): 2017/00321246, 2017/00338113, 2018/00003718 Publication restriction: Nil