AVS Group of Companies Pty Ltd & Anor v Commissioner of Police & Anor AVS Group Australia Pty Ltd & Anor v Commissioner of Police & Anor [2010] NSWSC 447

New South Wales Supreme Court

CITATION : AVS Group of Companies Pty Ltd & Anor v Commissioner of Police & Anor AVS Group Australia Pty Ltd & Anor v Commissioner of Police & Anor [2010] NSWSC 447 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 11 May 2010

JUDGMENT DATE : 13 May 2010

JURISDICTION : Administrative Law List

JUDGMENT OF : Davies J

DECISION : (1) An order restraining the First Defendant from filing or prosecuting any application, including his application dated 15 April 2010, for an order revoking the stay order granted on 13 August 2009 by the Second Defendant until the conclusion of the hearing of the summonses commencing these proceedings. (2) An order restraining the Second Defendant from hearing any application to revoke the stay order granted on 13 August 2009 by the Second Defendant until the conclusion of the hearing of the summonses in the present proceedings. (3) Costs to be costs in the cause.

CATCHWORDS : ADMINISTRATIVE LAW - prerogative writs - orders in the nature of mandamus - discretion of the Commissioner under s 29(3) Security Industry Act 1997 - confidential evidence contemplated by s 15(6) Security Industry Act - second exercise of discretion by Commissioner pursuant to order - alleged inadequacy of reasons for decision - whether discretion exhausted. INJUNCTIONS - interlocutory injunction - whether serious question to be tried - whether mandamus will go to direct particular decision where discretion given - balance of convenience - irreparable harm with no competing prejudice.

Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Civil Procedure Act 2005 Security Industry Act 1997