AVILION GROUP PTY LTD v COMMISSIONER OF POLICE [2009] NSWCA 93

Reported Decision: 74 NSWLR 514

New South Wales Court of Appeal

CITATION: AVILION GROUP PTY LTD v COMMISSIONER OF POLICE [2009] NSWCA 93

HEARING DATE(S): 27 April 2009

JUDGMENT DATE: 1 May 2009

JUDGMENT OF: Allsop P at 1; Giles JA at 35; Macfarlan JA at 36

1. Grant leave to appeal from the decision of the Administrative Decisions Tribunal (President O'Connor) made on 11 March 2009. 2. Applicants to file a notice of appeal within 7 days of these orders. 3. Appeal allowed. DECISION: 4. Set aside the orders of the Administrative Decisions Tribunal (President O'Connor) made on 11 March 2009, save to the extent that such orders contained a grant of leave to appeal to the Appeal Panel. 5. Respondents pay three quarters of the appellants' costs of the application for leave to appeal and of the appeal. 6. The effect of the preceding orders is to: (i) leave as operative the stay granted by the Administrative Decisions Tribunal (Magistrate) Hennessy on 16 January 2009; (ii) discharge as from the date of these orders (a) the stay granted by the Court (Rothman J) on 24 March 2009 and (b) the undertakings to the Court given on 24 March 2009, leaving, however, said undertakings effective and operative from 24 March 2009 to the date of these orders.

CATCHWORDS: ADMINISTRATIVE LAW - administrative tribunals - Administrative Decisions Tribunal (NSW) – appeals against interlocutory decisions of the Tribunal – statutory requirements under Administrative Decisions Tribunal Act 1997 (NSW) as to the proper constitution of the Appeal Panel - an appeal against an interlocutory decision requires leave - leave can be given by one member – balance of the appeal against the interlocutory decision must be heard by three members - Administrative Decisions Tribunal Act 1997 (NSW) s24, s24A, s113