Commissioner of Police v AVS Group of Companies Pty Ltd; AVS Group of Companies Pty Ltd v Commissioner of Police [2009] NSWSC 1408

New South Wales Supreme Court

CITATION : Commissioner of Police v AVS Group of Companies Pty Ltd; AVS Group of Companies Pty Ltd v Commissioner of Police [2009] NSWSC 1408

HEARING DATE(S) : 25 August 2009

JUDGMENT DATE : 16 December 2009

JURISDICTION : Common Law

JUDGMENT OF : Rothman J

(i) To the extent necessary, leave be granted to the Commissioner of Police to appeal the decision of the Administrative Decisions Tribunal, in the appeal by AVS Group of Companies Pty Ltd, ASET Security and Training Pty Ltd, and Mr Peter Sleiman, matter 099045, made on 11 August 2009;

(ii) The decision of the Administrative Decisions Tribunal, in the appeal by AVS Group of Companies Pty Ltd, ASET Security and Training Pty Ltd, and Mr Peter Sleiman, matter 099045, made on 11 August 2009, be quashed;

(iii) The aforesaid appeal be remitted to the Administrative Decisions Tribunal to deal with in accordance with law; DECISION : (iv) The proceedings commenced in his Court by AVS Group of Companies Pty Ltd, ASET Security and Training Pty Ltd, and Mr Peter Sleiman, being Case number 30075 of 2009, be dismissed;

(v) Each of AVS Group of Companies Pty Ltd, ASET Security and Training Pty Ltd, and Mr Peter Sleiman, jointly and severally, pay the costs, as agreed or assessed, of the Commissioner of Police, of and incidental to each of the appeal by the Commissioner of Police, being Case number 30071 of 2009, and the proceedings commenced by AVS Group of Companies Pty Ltd, ASET Security and Training Pty Ltd, and Mr Peter Sleiman, being Case number 30075 of 2009;

(vi) Otherwise all proceedings be dismissed.

CATCHWORDS : ADMINISTRATIVE LAW – administrative tribunals – Administrative Decisions Tribunal (NSW) – appeal against decision of Appeal Panel – quashing a refusal of a stay – whether confidential Police intelligence available in stay proceedings without disclosure to other parties - ADMINISTRATIVE LAW – orders in the nature of certiorari – notice of revocation of security licence – multiple-named recipients of notice – alleged ambiguity in notice – alleged inadequacy of reasons – different requirements for reasons under s 26(2) of the Security Industry Act 1997 than under s 49 of the Administrative Decisions Tribunal Act 1997