Avilion Group Pty Limited v Commissioner of Police [2009] NSWSC 196

New South Wales Supreme Court

CITATION : Avilion Group Pty Limited v Commissioner of Police [2009] NSWSC 196

HEARING DATE(S) : 24 March 2009 JURISDICTION : Common Law

JUDGMENT OF : Rothman J

EX TEMPORE JUDGMENT DATE : 24 March 2009

The Court notes the undertaking given to the Court by Miss Stankovic, the second plaintiff, that Mr Blisset will not be involved in the running of the business of Avilion Group Pty Limited during the subsistence of these orders and notes the undertaking given by Mr Rumore, solicitor on the record, that the Registrar of the Court of Appeal will be approached within seven days both in relation to these stay orders and expedition.

On the basis of those undertakings the Court makes the following orders:

(i) The orders issued by the President of the Administrative Decisions Tribunal on 11 March 2009 in Commissioner of Police v Avilion Group Pty Limited, matter No 099003 be stayed until further order of the Court or determination of the application before the Administrative Decisions Tribunal, whichever occurs first. DECISION : (ii) Pursuant to the terms of section 51(1)(b) of the Supreme Court Act 1970 the matter is otherwise removed into the Court of Appeal.

(iii) The parties have liberty to apply on two working days' notice in relation to these orders.

(iv) Costs reserved.

CATCHWORDS : ADMINISTRATIVE LAW – nature of appeal to Appeal Panel of Administrative Decisions Tribunal – interlocutory order – appeal to Appeal Panel – determination by single judicial member – arguable error of jurisdiction – stay granted - PRACTICE AND PROCEDURE – appeal to Court from final determination of appeal from stay order issued by Administrative Decisions Tribunal – issues to be weighed – stay of appeal orders on interlocutory basis – removal to Court of Appeal