Beck v Commissioner of Police (No 2) [2015] NSWIRComm 1019

Beck v Commissioner of Police (No 2) [2015] NSWIRComm 1019

Leave to compel members of the Commissioner's Advisory Panel was refused because the Appellant did not establish extraordinary grounds relevant to the appeal. Leave to admit the Supreme Court transcript evidence of Shillitoe, McHenry and Saba was granted because the material appeared relevant, came as no surprise to...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
28 October 2015
Procedural Posture
Police Appeal; Unfair Dismissal Proceedings / Notice of Motion Seeking Leave to Compel Evidence, Admit Transcripts and Issue Subpoenas Before Listed Hearing
Outcome
Orders sought in Notice of Motion made in part and refused in the balance.
Legal Topics
["compellability of Commissioner's Advisory Panel" 'admissibility of Evidence From Other Proceedings' 'fresh Evidence' 'subpoenas' 'unfair Dismissal']
['industrial Relations' 'police'] ["compellability of Commissioner's Advisory Panel" 'admissibility of Evidence From Other Proceedings' 'fresh Evidence' 'subpoenas' 'unfair Dismissal']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Police Appeal; Unfair Dismissal Proceedings / Notice of Motion Seeking Leave to Compel Evidence, Admit Transcripts and Issue Subpoenas Before Listed Hearing

Legal Issues

  1. 1 ["Whether extraordinary grounds existed under s.181H of the Police Act 1990 to compel members of the Commissioner's Advisory Panel to attend and give evidence." 'Whether transcripts of evidence from related Supreme Court proceedings should be admitted in the Commission proceedings.' 'Whether leave should be granted to issue subpoenas for further evidence from former Commissioner Ken Moroney, Assistant Commissioner Mark Murdoch, Constable Hugh Kimber and Senior Constable Matthew Rispen.']

Ratio Decidendi

Leave to compel members of the Commissioner's Advisory Panel was refused because the Appellant did not establish extraordinary grounds relevant to the appeal. Leave to admit the Supreme Court transcript evidence of Shillitoe, McHenry and Saba was granted because the material appeared relevant, came as no surprise to the Respondent and could save time and resources consistently with obligations to act expeditiously. Leave to subpoena Senior Constable Matthew Rispen and Constable Hugh Kimber was granted because the Appellant's affidavit gave sufficient notice and specificity of their expected evidence, while leave for former Commissioner Ken Moroney and Assistant Commissioner Mark Murdoch...

Court Disposition

Orders sought in Notice of Motion made in part and refused in the balance.

Orders

  • ["Leave to compel the members, or any of them, of the Commissioners' Advisory Panel to give evidence as sought in the Appellant's motion at B 1 is refused." 'Leave to submit transcript of evidence in the Supreme Court proceedings so far as it embraces the evidence of witnesses Shillitoe, McHenry and Saba is...