Commissioner of Police v Sleiman & AVS Group of Companies Pty Ltd & Ors [2011] NSWCA 21

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Commissioner of Police v Sleiman & AVS Group of Companies Pty Ltd & Ors [2011] NSWCA 21 Hearing dates: 20 October, 21 October 2010 Decision date: 21 February 2011 Before: Allsop P at 1; Handley AJA at 2; Sackville AJA at 3 Decision: CA 2009/298022 (Appeal and Cross-Appeal) 1. Grant leave to the Commissioner to appeal from the decision of Schmidt J on 26 February 2010. 2. Direct the Commissioner to file within seven days an amended notice of appeal which incorporates a claim for an order setting aside Declaration 1 made by Schmidt J on 26 February 2010. 3. Allow the appeal. 4. Set aside the declarations and orders made by Schmidt J on 26 February 2010. 5. In lieu thereof, order that: (a) The proceedings be dismissed. (b) AVS pay the Commissioner's costs of the proceedings. 6. Order AVS to pay the Commissioner's costs of the appeal (including the application for leave to appeal). 7. Grant leave to AVS to cross-appeal from the decision of Schmidt J on 26 February 2010. 8. Direct AVS to file its amended notice of cross-appeal within seven days. 9. Dismiss the cross-appeal. 10. Order AVS to pay the Commissioner's costs of the cross-appeal (including the application for leave to cross-appeal). 11. AVS, if otherwise qualified, to have a certificate under the Suitors Fund Act 1951 (NSW) in respect of the appeal. SC 2010/110137 (Removed Proceedings) 1. Dismiss the summons filed by AVS on 4 May 2010. 2. Order AVS to pay the Commissioner's costs of the summons. Grant leave in all matters to the parties to file within fourteen days short minutes of any further orders they consider appropriate to deal with any interim orders that may still be in force. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: ADMINISTRATIVE LAW - revocation of security licence by Commissioner of Police - application for review of decision to the Administrative Decisions Tribunal ("ADT") - ADT required by s 29(3) of Securities Industries Act 1997 (NSW) ("SI Act") to ensure that it does not disclose the existence or content of "criminal intelligence" without approval of the Commissioner - Commissioner relied on criminal intelligence - whether ADT bound or empowered to adopt a "special advocate" procedure to represent the review applicant's interests - whether the Commissioner's refusal to approve disclosure of the criminal intelligence was amenable to judicial review - whether the Commissioner was bound to consider the review applicant's request for approval to disclosure - powers and duties of the ADT to afford procedural fairness in face of confidentiality regime.