Storey v Commissioner of Police, NSW Police Force [2020] NSWCA 225

Storey v Commissioner of Police, NSW Police Force [2020] NSWCA 225

The stay application was dismissed because there was no real prospect that the interlocutory refusal to permit interrogatories would be overturned, the proposed appeal concerned a practice and procedure decision in judicial review proceedings, and the Common Law Division hearing had already occurred with judgment reserved. The Court should not interfere with that process by preventing delivery of judgment.

Jurisdiction
Australia
Judgment Date
21 September 2020
Procedural Posture
Application for Stay of Proceedings in the Common Law Division Pending Determination of an Interlocutory Appeal in Judicial Review Proceedings / Court of Appeal Procedural Ruling on Stay Application; Judgment in the Common Law Division Reserved
Outcome
Application dismissed; applicant ordered to pay the respondent's costs of the application in this Court.
Legal Topics
['interlocutory Appeal' 'stay of Proceedings' 'interrogatories' 'judicial Review of Industrial Relations Commission Decision' 'police Officer Removal']
['practice and Procedure' 'administrative Law' 'judicial Review'] ['interlocutory Appeal' 'stay of Proceedings' 'interrogatories' 'judicial Review of Industrial Relations Commission Decision' 'police Officer Removal']

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Procedural Posture

Application for Stay of Proceedings in the Common Law Division Pending Determination of an Interlocutory Appeal in Judicial Review Proceedings / Court of Appeal Procedural Ruling on Stay Application; Judgment in the Common Law Division Reserved

Legal Issues

  1. 1 ["Whether the Court should stay proceedings in the Common Law Division after hearing and before reserved judgment pending determination of the applicant's interlocutory appeal concerning refusal to permit interrogatories." 'Whether there was sufficient merit or likelihood of leave being granted in the proposed interlocutory appeal against refusal to permit administration of interrogatories.' 'Whether the applicant would suffer a relevant disadvantage if his judicial review application succeeded on a ground other than ground 7, for which the interrogatories were sought.']

Ratio Decidendi

The stay application was dismissed because there was no real prospect that the interlocutory refusal to permit interrogatories would be overturned, the proposed appeal concerned a practice and procedure decision in judicial review proceedings, and the Common Law Division hearing had already occurred with judgment reserved. The Court should not interfere with that process by preventing delivery of judgment.

Court Disposition

Application dismissed; applicant ordered to pay the respondent's costs of the application in this Court.

Orders

  • ['Dismiss the application to stay the proceedings in the Common Law Division.' "Order that the applicant pay the respondent's costs of the application in this Court."]