Miller v Commissioner of Police NSW

The appeal concerned a dispute between Mr Miller and the Commissioner of Police NSW, heard by the Court of Appeal of New South Wales. The core of the matter involved an alleged error of law by the primary judge, which Mr Miller contended was dispositive of his appeal.

The Court of Appeal was required to determine whether the primary judge had exercised judicial power in a manner that resolved a "legal" controversy, as required by law. This involved assessing whether any identified error of law was sufficiently significant to warrant overturning the primary judge's decision.

The Court ultimately dismissed the appeal, finding that the alleged error of law was not dispositive. The orders reflected this outcome, with Mr Miller ordered to pay the respondent's costs. However, a significant condition was attached to this costs order: Mr Miller's legal representatives were required to provide a written undertaking that they would not seek costs from their client and would indemnify him against the costs order in favour of the respondent. Failure to provide this undertaking would lead to the Court considering issuing a show cause notice to the legal representatives.