Brandusoiu v Commissioner of Police, NSW Police Force (GD)

The case of Brandusoiu v Commissioner of Police, NSW Police Force (GD) involved the applicant, Brandusoiu, challenging the revocation of his police officer licence by the NSW Police Force. The dispute centred on the basis of an external finding which led to the revocation of his licence. The matter was heard and determined in the Civil and Administrative Tribunal of New South Wales, with an appeal subsequently brought to the Supreme Court of New South Wales.

The primary legal issue before the court was whether the Tribunal had erred in declining to consider the applicant's challenge to the strength of the evidence that formed the basis of the external finding. Brandusoiu argued that the Tribunal should have reviewed the evidence to ensure it was sufficient to justify the revocation of his licence. The Commissioner of Police, NSW Police Force contended that the Tribunal was not obliged to review the evidence underpinning the external finding, and that its role was limited to considering whether the decision to revoke the licence was lawful, rational, and procedurally fair.

The Supreme Court held that the Tribunal was required to give due regard to the external finding but was not precluded from assessing the strength of the evidence leading to that finding. The court found that the Tribunal had erred in law by not considering the applicant's challenge to the strength of the evidence. Consequently, the appeal was allowed, the decision of the Tribunal was set aside, and leave was granted to extend to the merits. The Registrar was directed to arrange a hearing on the merits of the case.