Commissioner of Police, New South Wales Police Force v Fine

[2014] NSWCA 327

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Administrative Law
2. › Administrative tribunals
3. › NSW Civil and Administrative Tribunal
4. › Joinder of parties
5. › Proper or necessary party
6. › Statutory applicant before decision-maker
7. › Whether Commissioner of Police a proper party to administrative review of banning order
8. › Civil and Administrative Tribunal Act 2013 (NSW), s 44
1. Administrative Law
2. › Administrative tribunals
3. › NSW Civil and Administrative Tribunal
4. › Joinder of parties
5. › Whether discretion to join parties constrained by whether decision-maker will be active party to review
6. › Hardiman principle
7. › Civil and Administrative Tribunal Act 2013 (NSW), s 44
1. Administrative Law
2. › Administrative tribunals
3. › Merits review
4. › Tribunal standing in shoes of decision-maker
5. › Parties to application before decision-maker as proper parties before Tribunal
6. › Administrative Decisions Review Act 1997 (NSW), s 63
1. Statutory Interpretation
2. › Delegated legislation
3. › Whether subordinate rules may be used to construe parent Act
4. › Civil and Administrative Tribunal Act 2013 (NSW), s 44
5. › Civil and Administrative Tribunal Rules 2014 (NSW), r 27

Quick Take

A party who is the statutory applicant before a decision-maker is a proper party to be joined in administrative review proceedings before NCAT under s 44 of the CAT Act. The joinder discretion under s 44 is not to be constrained by reference to whether the decision-maker will be an active party to the review. The Hardiman principle does not operate as a pre-condition to joinder in merits review proceedings.