NSW Caselaw
Appeal Outcome: Special leave application refused with costs by the High Court - 18 April 2008
New South Wales Court of Appeal
CITATION: COMMISSIONER OF POLICE v RYAN [2007] NSWCA 196
HEARING DATE(S): 30 May 2007
JUDGMENT DATE: 9 August 2007
JUDGMENT OF: Spigelman CJ at 1; Santow JA at 2; Basten JA at 3
(1) Allow the appeal.
(2) Set aside the declaration made by Hall J on 27 October 2006 and any order as to costs.
DECISION: (3) In lieu therefore, order that the summons in the Common Law Division be dismissed with costs.
(4) Order the Respondent to pay the Appellant's costs of the appeal.
(5) Grant the Respondent a certificate under the Suitors' Fund Act 1951 (NSW).
ADMINISTRATIVE LAW – procedural fairness – failure before making order to provide materials on which application for order is based – failure to serve with the order a copy of the material on which the application for the order was based – material incapable of supporting making of order.
JUDICIAL REVIEW – satisfaction of justice – material reasonably capable of satisfying precondition to exercise of power. CATCHWORDS: LIQUOR ACT - Order for short-term closure of licensed premises – Liquor Act 1982 (NSW) s104A – Liquor Regulation 1996 (NSW).
WORDS AND PHRASES – "necessary" – Liquor Act s104A.
Acts Interpretation Act 1901 (Cth), s 25D Criminal Property Confiscation Act 2000 (WA), s 46 Income Tax Assessment Act 1936 (Cth), s 264 Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), s 3 Legal Profession Act 2004 (NSW), s 548 Liquor Act 1982 (NSW), ss 4, 21AA, 49A, 66A, 67, 88-101, 101A, 102, 103, 104, 104A, 104B, 104C, 104D, 104E, 105, 125, 125E, 139, Part 3, Div 8 LEGISLATION CITED: Liquor and Registered Clubs Legislation Amendment (Enforcement) Act 1996 (NSW), Schedule 1 [70] Liquor Regulation 1996 (NSW), reg 86B Listening Devices Act 1984 (NSW) Medical Practice Act 1992 (NSW), ss 66-66B Migration Act 1958 (Cth), s 501G Police Act 1990 (NSW), ss 24, 31 Search Warrants Act 1985 (NSW), s 3 Supreme Court Act 1970 (NSW), s 69
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