Denny v Commissioner of Police, NSW Police Force; Clarke v Commissioner of Police, NSW; Police Force Power v Commissioner of Police, NSW Police Force; Targett v Commissioner of Police, NSW Police Force; Commissioner of Police, NSW Police Force v Power; Commissioner of Police, NSW Police Force v Targett; Commissioner of Police, NSW Police Force v Clarke; Commissioner of Police, NSW Police Force v Denny [2020] NSWCATAP 180

Denny v Commissioner of Police, NSW Police Force; Clarke v Commissioner of Police, NSW; Police Force Power v Commissioner of Police, NSW Police Force; Targett v Commissioner of Police, NSW Police Force; Commissioner of Police, NSW Police Force v Power; Commissioner of Police, NSW Police Force v Targett; Commissioner of Police, NSW Police Force v Clarke; Commissioner of Police, NSW Police Force v Denny [2020] NSWCATAP 180

Because the Appeal Panel's decision of 22 November 2019 affirmed the first instance decision and dismissed the Denny parties' appeals, and because the Denny parties did not show any entitlement to all or part of the $22,000 notwithstanding that outcome, the funds held pending further order should be released to the State parties. The issues could be adequately determined on the material lodged without a further hearing.

Jurisdiction
Australia
Judgment Date
27 August 2020
Procedural Posture
Appeal / Application for Release of Funds Held Pending Further Order, Determined on the Papers
Outcome
Application granted; further hearing dispensed with; funds released to the State parties.
Legal Topics
['release of Funds Held in Trust' 'dispensing With a Hearing' 'impounding of Animals and Articles' 'fees and Charges']
['administrative Law' 'civil Procedure'] ['release of Funds Held in Trust' 'dispensing With a Hearing' 'impounding of Animals and Articles' 'fees and Charges']

Case Brief

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Procedural Posture

Appeal / Application for Release of Funds Held Pending Further Order, Determined on the Papers

Legal Issues

  1. 1 ['Whether a further hearing should be dispensed with and the application determined on the papers.' "Whether the sum of $22,000 held in the Crown Solicitor's Office trust account should be released to the State parties after dismissal of the Denny parties' appeals."]

Ratio Decidendi

Because the Appeal Panel's decision of 22 November 2019 affirmed the first instance decision and dismissed the Denny parties' appeals, and because the Denny parties did not show any entitlement to all or part of the $22,000 notwithstanding that outcome, the funds held pending further order should be released to the State parties. The issues could be adequately determined on the material lodged without a further hearing.

Court Disposition

Application granted; further hearing dispensed with; funds released to the State parties.

Orders

  • ['A further hearing is dispensed with and this decision is determined on the papers' "The funds deposited in the Crown Solicitor's Office trust account in the sum of $22,000 are to be released to the State parties."]