Commissioner for the Police Integrity Commission v Walker [2006] NSWSC 645

Commissioner for the Police Integrity Commission v Walker [2006] NSWSC 645

The proceedings were not improperly constituted as the Commissioner is permitted under s 119 of the Police Integrity Commission Act, with the adapted application of Supreme Court Rules, to commence separate proceedings for contempt. The request for declaratory relief, even if inappropriate, is not in itself a reason to stay or dismiss the summons.

Jurisdiction
Australia
Judgment Date
20 June 2006
Procedural Posture
Application to Stay, Strike Out or Dismiss / On Notice of Motion
Outcome
Notice of motion seeking stay, strike out or dismissal refused
Legal Topics
['contempt' 'police Integrity Commission' 'proper Plaintiff' 'procedural Requirements']
['administrative Law'] ['contempt' 'police Integrity Commission' 'proper Plaintiff' 'procedural Requirements']

Case Brief

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Procedural Posture

Application to Stay, Strike Out or Dismiss / On Notice of Motion

Legal Issues

  1. 1 ['Whether the proceedings for contempt were improperly constituted' 'Whether declaratory relief is appropriate in contempt proceedings']

Ratio Decidendi

The proceedings were not improperly constituted as the Commissioner is permitted under s 119 of the Police Integrity Commission Act, with the adapted application of Supreme Court Rules, to commence separate proceedings for contempt. The request for declaratory relief, even if inappropriate, is not in itself a reason to stay or dismiss the summons.

Court Disposition

Notice of motion seeking stay, strike out or dismissal refused

Orders

  • ['Relief sought by the notice of motion is declined']