Avilion Group Pty Ltd v Commissioner of Police [2010] NSWCA 275

New South Wales Court of Appeal

CITATION: Avilion Group Pty Ltd v Commissioner of Police [2010] NSWCA 275

HEARING DATE(S): 22 October 2010

JUDGMENT DATE: 22 October 2010

JUDGMENT OF: Allsop P at 1; Macfarlan JA at 32; Sackville AJA at 33

EX TEMPORE JUDGMENT DATE: 22 October 2010

DECISION: 1. Appeal dismissed with costs. 2. Order that up until and no later than noon on Monday 25 October 2010 the Master Licence numbered 409215710 granted to the appellant, Avilion Group Pty Ltd be treated as on foot.

CATCHWORDS: ADMINISTRATIVE LAW - administrative tribunals - procedure - admission of transcript of evidence from hearing before improperly constituted Tribunal - Administrative Decisions Tribunal Act 1997, s 73 - appeal on a question of law pursuant to Administrative Decisions Tribunal Act 1997, s 119 - STATUTES - by-laws and regulations - validity - whether Security Industry Regulations 2007, cl 29 inconsistent with Security Industry Act 1997 - PROFESSIONS AND TRADES - licensing or regulation of security industry - revocation of master licence - Security Industry Act 1997, s 26(1)(d) - Security Industry Regulations 2007, cl 29 - public interest

Administrative Decisions Tribunal Act 1997 (NSW) ss 73(1), 73(2), 73(3), 79, 83, 118, 119 LEGISLATION CITED: Security Act Industry Act 1997 (NSW) ss 15, 26(1), 26(1)(d), 26(1A) Security Industry Regulations 2007 cl 29

CATEGORY: Principal judgment

Avilion Group Pty Limited v Commissioner of Police [2009] NSWCA 93; 74 NSWLR 514 Avilion Group Pty Limited v Commissioner of Police [2010] NSWADT 129 Avilion Group Pty Limited v Commissioner of Police (No 2) [2010] NSWADTAP 56 CASES CITED: Deputy Commissioner of Taxation v Clark [2003] NSWCA 91; 57 NSWLR 113 Morton v Union Steamship Company of New Zealand [1951] HCA 42; 83 CLR 402 Shanahan v Scott [1957] HCA 4; 96 CLR 245 Stemp v Australian Glass Manufacturers Co Ltd [1917] HCA 29; 23 CLR 226