AVS GROUP OF COMPANIES PTY LTD v COMMISSIONER OF POLICE [2010] NSWCA 81

Reported Decision: 78 NSWLR 302

New South Wales Court of Appeal

CITATION: AVS GROUP OF COMPANIES PTY LTD v COMMISSIONER OF POLICE [2010] NSWCA 81

HEARING DATE(S): 1 March and 26 March 2010

JUDGMENT DATE: 15 April 2010

JUDGMENT OF: Basten JA at 1; Campbell JA at 43; Handley AJA at 191

(1) Leave to appeal granted. (2) Direct that a Notice of Appeal, in the form of the draft Notice of Appeal contained in the White Book, be filed within 7 days. (3) Vary the orders in the Court below by replacing orders (i)–(iii) with orders reading: DECISION: (i) Grant leave to the Commissioner of Police, to appeal from 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, in matter 099045 made on 11 August 2009; (ii) the decision of the Administrative Decision Tribunal, in the appeal by AVS Group of Companies Pty Ltd, ASET Security and Training Pty Ltd and Mr Peter Sleiman, in matter 099045 made on 11 August 2009, be set aside. (4) Subject to order (3) above, appeal dismissed. (5) Appellants to pay costs of the Respondent of the application for leave to appeal, and the appeal.

CATCHWORDS: ADMINISTRATIVE LAW – administrative tribunals – procedure – distinction between stay of orders and order temporarily reversing administrative decision – Administrative Decisions Tribunal Act 1997 (NSW), s 60(2) - PROCEDURE – judgments and orders – stay of orders – distinction between stay of orders and order temporarily reversing reviewable decision - STATUTORY INTERPRETATION – purposive approach – statutory derogation from procedural fairness – tribunal obliged to prevent disclosure when hearing application for review of administrative decision – whether obligation applies to hearing of application for 'stay' of administrative decision pending review – Security Industry Act 1997 (NSW), s 29(3) - WORDS & PHRASES – "criminal intelligence report" – "otherwise affecting the operation of the decision under review"