Choi v Commissioner of Police, New South Wales Police

The applicant, Choi, sought leave to appeal from a decision of the Appeal Panel of the NSW Civil and Administrative Tribunal (NCAT) to the Supreme Court of New South Wales. The Commissioner of Police, New South Wales Police, was the respondent. The dispute concerned the applicant's attempt to appeal an NCAT decision.

The primary legal issue before the Supreme Court was whether there was a question of law arising from the NCAT Appeal Panel's decision that warranted the grant of leave to appeal. The applicant's appeal was confined to questions of law, as stipulated by the relevant legislation governing appeals from NCAT.

Macfarlan and McCallum JJA found that the applicant had failed to identify any question of law that justified granting leave to appeal. Consequently, the Court extended the time for the applicant to file the summons seeking leave to appeal, but ultimately dismissed both the notice of motion and the summons seeking leave to appeal, with costs awarded to the respondent.