Jamal v Commissioner of Police (NSW) [2017] NSWCA 7

Jamal v Commissioner of Police (NSW) [2017] NSWCA 7

There was no arguable error of law or procedural unfairness in the Tribunal's decision or the primary judge's decision. The Tribunal was properly constituted, procedural steps were adequate, complaint regarding the naming of the respondent did not affect substance, and the circumstances did not justify a judicial review. Leave to appeal refused.

Jurisdiction
Australia
Judgment Date
01 February 2017
Procedural Posture
Application for Leave to Appeal / Decision on Application for Leave
Outcome
Leave to appeal refused; applicant to pay costs.
Legal Topics
['leave to Appeal' 'judicial Review of NCAT Decisions' 'procedural Fairness' 'constitution of Tribunal' 'adjournment Refusal' 'naming of Respondent' 'adequacy of Reasons' 'bias']
['administrative Law' 'anti Discrimination Law' 'judicial Review' 'procedure'] ['leave to Appeal' 'judicial Review of NCAT Decisions' 'procedural Fairness' 'constitution of Tribunal' 'adjournment Refusal' 'naming of Respondent' 'adequacy of Reasons' 'bias']

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Procedural Posture

Application for Leave to Appeal / Decision on Application for Leave

Legal Issues

  1. 1 ['Whether there was an arguable case of procedural unfairness or error of law by NCAT' 'Whether Tribunal was properly constituted by a qualified member' 'Whether refusal of adjournment was procedurally unfair' 'Whether written statement of reasons was timely supplied and effect of delay' 'Whether correct party was named as respondent' 'Whether there was bias on the part of the Tribunal or judge' 'Whether reasons given by Tribunal and primary judge were adequate']

Ratio Decidendi

There was no arguable error of law or procedural unfairness in the Tribunal's decision or the primary judge's decision. The Tribunal was properly constituted, procedural steps were adequate, complaint regarding the naming of the respondent did not affect substance, and the circumstances did not justify a judicial review. Leave to appeal refused.

Court Disposition

Leave to appeal refused; applicant to pay costs.

Orders

  • ['Leave to appeal refused.' "The applicant to pay the respondent's costs of the application for leave."]