Danesi v Commissioner of Police [2003] NSWSC 868

New South Wales Supreme Court

CITATION : Danesi v Commissioner of Police [2003] NSWSC 868 HEARING DATE(S) : 17 September 2003 JUDGMENT DATE : 17 September 2003 JURISDICTION: Equity JUDGMENT OF : Campbell J DECISION : Consent orders made

CATCHWORDS : LIQUOR LAW - Magistrate's order under section104A Liquor Act 1982 for temporary closure of premises - police refuse to provide person bound by the order with evidence on which order was obtained - serious question to be tried about breach of natural justice frustrating rights of appeal or review of the order - serious question to be tried about whether decision made without jurisdiction LEGISLATION CITED : Liquor Act 1982 CASES CITED : Visalli v Commissioner of Police [2001] NSWSC 360 Shadd Daniel Danesi - Plaintiff PARTIES : Commissioner of Police - First Defendant Narelle Tyerman - Second Defendant FILE NUMBER(S) : SC 4847/03 COUNSEL : E Cox - Plaintiff P Strickland - Defendants SOLICITORS : Adams Molloy - Plaintiff Crown Solicitor - Defendants

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION EQUITY LIST

CAMPBELL J

WEDNESDAY 17 SEPTEMBER 2002

4847/03 SHADD DANIEL DANESI v COMMISSIONER OF POLICE JUDGMENT – Ex Tempore 1 HIS HONOUR: Last Sunday evening, 14 September, as Duty Judge, I was approached for an ex parte order. The applicant is the licensee of the ARQ Sydney Hotel at 10-18 Flinders Street, Darlinghurst. The applicant had been served that morning with an order made under section 104A of the Liquor Act 1982 by a Licensing Magistrate, which ordered the licensee to close the premises from 8.40 a.m. on 14 September 2003 to 11.00 a.m. 15 September 2003. 2 The evidence showed that on a Sunday night there are regularly functions at the hotel which attract extensive patronage. 3 The order was made under section 104A which provides: "104A. Order by authorised justice for short-term closure of premises.