Commissioner of Police, New South Wales Police Force v Fine

The Commissioner of Police, New South Wales Police Force (the Commissioner) appealed to the Supreme Court of New South Wales against a decision of the NSW Civil and Administrative Tribunal (NCAT). The dispute concerned the Commissioner's application to be joined as a party to proceedings before NCAT, which the Tribunal had refused. The appeal was heard by Bathurst CJ, Beazley P, and Ward JA.

The primary legal issue before the Supreme Court was whether NCAT had erred in law by refusing the Commissioner's application to be joined as a party to the proceedings under section 44 of the *Civil and Administrative Tribunal Act 2013* (NSW). This involved determining whether the Commissioner was a "necessary or proper party" to the proceedings, considering the Commissioner's statutory functions and interests under section 116AE of the *Liquor Act 2007* (NSW), and whether the decision-maker ought to be an active party to the review.

The Court reasoned that section 44 of the *Civil and Administrative Tribunal Act 2013* conferred a broad discretion on the Tribunal to join any person as a party if it was necessary or proper for the determination of the proceedings. The Court found that the Commissioner, by virtue of his statutory responsibilities under the *Liquor Act 2007*, had a direct interest in the proceedings before NCAT, which involved a review of a decision affecting a liquor licence. The Court concluded that the Commissioner was a necessary and proper party to ensure a just and efficient determination of the proceedings, and that the Tribunal had erred in exercising its discretion by refusing the joinder.

The Court allowed the appeal, set aside the Tribunal's order refusing the Commissioner's joinder application, and ordered that the Commissioner be joined as the second respondent to the proceedings below.