Daniel Skelly and Commissioner of Police [2009] NSWIRComm 70

Daniel Skelly and Commissioner of Police [2009] NSWIRComm 70

The applicant for the summons to produce (respondent to the motion) justified the purpose of seeking the documents in paragraphs 1 to 6 of the summons by showing that such material could throw light on whether the transfer was disciplinary and thus reviewable. Hence, the notice of motion to set aside the summons in respect of these paragraphs was dismissed.

Jurisdiction
Australia
Judgment Date
12 May 2009
Procedural Posture
Application for Review Under Police Act 1990 S 174 / Decision on Notice of Motion Regarding Summons to Produce
Outcome
Notice of motion dismissed in part; adjourned in part for further consideration.
Legal Topics
['disciplinary Transfer' 'non Disciplinary Transfer' 'jurisdiction' 'summons to Produce' 'reviewable Action' 'bad Faith' 'oppression of Process']
['industrial Relations' 'administrative Law'] ['disciplinary Transfer' 'non Disciplinary Transfer' 'jurisdiction' 'summons to Produce' 'reviewable Action' 'bad Faith' 'oppression of Process']

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Procedural Posture

Application for Review Under Police Act 1990 S 174 / Decision on Notice of Motion Regarding Summons to Produce

Legal Issues

  1. 1 ['Whether the transfer of police sergeant was a disciplinary transfer or non-disciplinary transfer' 'Whether the summons to produce documents was relevant to the jurisdictional question' "Whether the order was made in 'bad faith'" "Whether the summons was a 'fishing expedition' or oppressive"]

Ratio Decidendi

The applicant for the summons to produce (respondent to the motion) justified the purpose of seeking the documents in paragraphs 1 to 6 of the summons by showing that such material could throw light on whether the transfer was disciplinary and thus reviewable. Hence, the notice of motion to set aside the summons in respect of these paragraphs was dismissed.

Court Disposition

Notice of motion dismissed in part; adjourned in part for further consideration.

Orders

  • ['The notice of motion of 21 April 2009 in respect to paragraphs 1 to 6 of the summons to produce is dismissed.' 'Consideration of the amended notice of motion (12 May 2009) in respect to paragraphs 7 and 9 of the summons is adjourned until further order of the Commission.']