AVS Group of Companies Pty Limited and Ors v Commissioner of Police and Anor [2010] NSWSC 109

New South Wales Supreme Court

CITATION : AVS Group of Companies Pty Limited and Ors v Commissioner of Police and Anor [2010] NSWSC 109

HEARING DATE(S) : 17 December 2009

JUDGMENT DATE : 26 February 2010

JUDGMENT OF : Schmidt J

CATCHWORDS : ADMINISTRATIVE LAW - administrative tribunals - Administrative Decisions Tribunal (NSW) - declaratory relief - challenge to the revocation of licences under the Security Industry Act 1997 - confidential exhibit not disclosed to plaintiffs pursuant to s 29(3) of the Security Industry Act 1997 - whether proposed special advocate procedure could be adopted under the Administrative Decisions Tribunal Act 1997 - section 29(3) of the Security Industry Act 1997 and its interaction with the Administrative Decisions Tribunal Act 1997 - special advocate must be appointed by plaintiffs - whether there was power to disclose confidential exhibit to proposed special advocate without consent of Commissioner of Police - consent required - whether Police Commissioner's discretion under s 29(3) of the Security Industry Act 1997 exercised validly - discretion not validly exercised - declarations and orders made

Administrative Decisions Tribunal Act 1997 National Security Information (Criminal and Civil Proceedings) Act 2004 (Cth) NSW Trustee and Guardian Act 2009 LEGISLATION CITED : Guardianship Act 1987 Prevention of Terrorism Act 2005 (UK) Security Industry Act 1997 Special Immigration Appeals Commission Act 1997 Supreme Court Act 1970

CATEGORY : Principal judgment

Abernathy v Deitz (1996) 39 NSWLR 701 AVS Group of Companies Pty Ltd v Commissioner of Police [2009] NSWSC 1391 Cameron North Sydney Investments Pty Ltd v The Owners Strata Plan No 50411 and Ors [2002] NSWSC 726 Commissioner of Police v AVS Group of Companies Pty Ltd [2009] NSWSC 1408 Commissioner of Police v Gray [2009] NSWCA 49 Gypsy Jokers Motorcycle Club Inc v Commissioner of Police [2007] WASCA 49 John Fairfax and Sons Limited v Australian Telecommunications Commission [1977] 2 NSWLR 400 CASES CITED : M v Secretary of State for the Home Department [2004] EWCA Civ 324; (2004) 2 ALL ER 863 Secure Funding Pty Limited v Coughlin [2009] NSWSC 384 Secretary of State for the Home Department v Rehman [2000] 3 All ER 778 R v H; R v C (2004) 2 AC 134; [2004] 1 ALL ER 1269 R v Khazaal [2006] NSWSC 1061 R v Lodhi [2006] NSWSC 586 R v Trebilco; ex parte FS Falkiner & Sons Ltd [1936] HCA 63; (1936) 56 CLR 20 Stubbs v NRMA Insurance Ltd (1997) 42 NSWLR 550 Woodside Energy Ltd v Alinta Sales Pty Ltd [2009] WASC 147