Chivers v Commissioner of Police [2014] NSWIRComm 7

Chivers v Commissioner of Police [2014] NSWIRComm 7

The applicant had not proceeded with his s 181E Police Act 1990 application within Rule 17.4 of the Industrial Relations Commission Rules 2009, or had not prosecuted the proceeding with due despatch as required by Rule 12.7 of the Uniform Civil Procedure Rules 2005. His proposed Part 7 application had not been filed, particularised, or shown to be relevant to the s 181E review, despite repeated adjournments. The proceedings were therefore dismissed for want of prosecution.

Jurisdiction
Australia
Judgment Date
06 March 2014
Procedural Posture
Application Under S 181 E of the Police Act 1990; Respondent's Notice of Motion to Dismiss for Want of Prosecution / Interlocutory Application
Outcome
Order 1 of the respondent's Notice of Motion filed on 5 July 2013 is granted. The Notice of Motion is otherwise dismissed.
Legal Topics
['dismissal for Want of Prosecution' 'reinstatement Application' 'removal From NSW Police Force' 'part 7 Application for Inquiry Into Convictions' 'costs Under S 181 of the Industrial Relations Act 1996']
['industrial Relations' 'police Employment' 'civil Procedure' 'criminal Appeals and Review'] ['dismissal for Want of Prosecution' 'reinstatement Application' 'removal From NSW Police Force' 'part 7 Application for Inquiry Into Convictions' 'costs Under S 181 of the Industrial Relations Act 1996']

Case Brief

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Procedural Posture

Application Under S 181 E of the Police Act 1990; Respondent's Notice of Motion to Dismiss for Want of Prosecution / Interlocutory Application

Legal Issues

  1. 1 ["Whether the applicant's s 181E Police Act 1990 application should be dismissed for want of prosecution under Rule 17.4 of the Industrial Relations Commission Rules 2009 or for lack of due despatch under Rule 12.7 of the Uniform Civil Procedure Rules 2005." "Whether the applicant's stated intention to bring a Part 7 Crimes (Appeal and Review) Act 2001 application justified further delay of the Commission proceedings." "Whether the respondent's application for costs under s 181(2) of the Industrial Relations Act 1996 should be considered."]

Ratio Decidendi

The applicant had not proceeded with his s 181E Police Act 1990 application within Rule 17.4 of the Industrial Relations Commission Rules 2009, or had not prosecuted the proceeding with due despatch as required by Rule 12.7 of the Uniform Civil Procedure Rules 2005. His proposed Part 7 application had not been filed, particularised, or shown to be relevant to the s 181E review, despite repeated adjournments. The proceedings were therefore dismissed for want of prosecution.

Court Disposition

Order 1 of the respondent's Notice of Motion filed on 5 July 2013 is granted. The Notice of Motion is otherwise dismissed.

Orders

  • ["Order 1 of the respondent's Notice of Motion filed on 5 July 2013 is granted." 'The Notice of Motion is otherwise dismissed.']