Commissioner of Police v Carey [1989] AFPDT 1

Commissioner of Police v Carey [1989] AFPDT 1

The difference in accounts given by the members to their superiors and before the Tribunal did not establish conduct meriting denial of the costs order; thus, the Commonwealth will pay the costs incurred by the members.

Parties
Complainant: Commissioner of Police; Respondent: Kevin Carey; Respondent: Michael Keith Duthie
Jurisdiction
Australia
Judgment Date
20 February 1989
Procedural Posture
Disciplinary Tribunal / Post Decision, Costs Determination
Outcome
Costs awarded to respondents
Legal Topics
Disciplinary Proceedings, Costs Orders
Police Law Administrative Law Disciplinary Proceedings Costs Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Commissioner of Police

Complainant

Kevin Carey

Respondent

Michael Keith Duthie

Respondent

Procedural Posture

Disciplinary Tribunal / Post Decision, Costs Determination

Legal Issues

  1. 1 Whether the Commonwealth should pay the costs incurred by the members of the Australian Federal Police found not guilty of improper conduct

Ratio Decidendi

The difference in accounts given by the members to their superiors and before the Tribunal did not establish conduct meriting denial of the costs order; thus, the Commonwealth will pay the costs incurred by the members.

Court Disposition

Costs awarded to respondents

Orders

  • The costs of the proceedings before the Tribunal incurred by Senior Constable Kevin Carey be paid by the Commonwealth.
  • The costs of the proceedings before the Tribunal incurred by Senior Constable Michael Keith Duthie be paid by the Commonwealth.