AVS Group of Companies Pty Ltd v Commissioner of Police [2009] NSWSC 1391

New South Wales Supreme Court

CITATION : AVS Group of Companies Pty Ltd v Commissioner of Police [2009] NSWSC 1391

HEARING DATE(S) : 6 November 2009 and 27 November 2009

JUDGMENT DATE : 18 December 2009

JUDGMENT OF : Davies J

DECISION : (1) The appeal is dismissed. (2) The Amended Summons is otherwise dismissed. (3) The Plaintiffs are to pay the First Defendant's costs of the proceedings.

CATCHWORDS : ADMINISTRATIVE LAW - administrative tribunals - - Administrative Decisions Tribunal (NSW) - appeal against the refusal of leave by an Appeal Panel - revocation of licences under Security Industry Act - confidential police intelligence - whether Commissioner of Police under a duty to disclose - whether Tribunal can disclose intelligence information - effect and operation of s 29(3) Security Industry Act 1997 on provisions in Administrative Decisions Tribunal Act 1997 - implied repeal. - ADMINISTRATIVE LAW - orders in the nature of mandamus - whether internal review procedures should have been followed - discretionary reasons to refuse order - futility of order.

Administrative Decisions Tribunal Act 1997 Migration Act 1958 LEGISLATION CITED : Security Industry Act 1997 Security Industry Amendment Act 2002 Security Industry Amendment Act 2005

CATEGORY : Principal judgment

Australian Alliance Assurance Co Ltd v Attorney-General (QLD) [1916] St R Qd 135 Commissioner of Police v AVS Group of Companies Pty Ltd [2009] NSWSC 1408 Commissioner of Police (NSW) v Gray [2009] NSWCA 49 CASES CITED : Electrolux Home Products Pty Ltd v Australian Workers' Union [2004] HCA 40; 221 CLR 309 Finance Facilities v Federal Commissioner of Taxation (1971) 127 CLR 106 In Re Holden [1957] TAS SR 16 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Re Minister for Immigration and Multicultural and Indigenous Affairs, Ex Parte Palme [2003] HCA 56; 216 CLR 212