AVS Group Pty Ltd v Commissioner of Police; AVS Group Australia Pty Ltd v Commissioner of Police [2015] NSWSC 1531

Supreme Court New South Wales

Medium Neutral Citation: AVS Group Pty Ltd v Commissioner of Police; AVS Group Australia Pty Ltd v Commissioner of Police [2015] NSWSC 1531 Hearing dates: 12 August 2015 Decision date: 16 October 2015 Jurisdiction: Common Law Before: Hall J Decision: In each of proceedings 2014/308869 and 2014/308878:

(1) Order made that the application for leave to appeal be heard separately from the appeal.

(2) Unless written application is made to my Associate within seven days for a different order, order the plaintiffs to pay the defendant's costs of the application heard on 12 August 2015. Catchwords: PROCEDURE – civil – application for leave to appeal from a decision of the Appeal Panel of the New South Wales Civil and Administrative Tribunal under s 83(1) of the Civil and Administrative Tribunal Act – application by defendant to have the question of leave heard and determined separately from a hearing on the merits of the appeal – issues arising concerning Notices to Produce served by plaintiffs seeking particular documents which were not disclosed to them because of the operation of ss 15(6) and 29(3) of the Security Industry Act 1997 – held that plaintiffs not entitled to access the documents sought – documents not relevant to issues arising in the appeal – decision of Appeal Panel primarily concerned with interpretation of the relevant provisions – held that leave should be determined separately from the substantive appeal – plaintiffs had not established that a grant of leave was more probable than not – length of proceedings before Appeal Panel and likely length of hearing in this Court also relevant to determination that leave should be heard separately Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil Procedure Act 2005 Security Industry Act 1997 Cases Cited: AVS Group Australia Pty Ltd v Commissioner of Police, NSW Police Force [2012] NSWADT 1 Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Coulter v The Queen (1998) 164 CLR 350 Category: Procedural and other rulings Parties: AVS Group of Companies Pty Ltd (First Plaintiff in 2014/308869) Peter Sleiman (Second Plaintiff in 2014/308869) AVS Group Australia Pty Ltd (First Plaintiff in 2014/308878) Tony Sleiman (Second Plaintiff in 2014/308878) Commissioner of Police, NSW Police Service (Defendant in 2014/308869 & 2014/308878) Representation: Counsel: KG Oliver (Plaintiffs) T Lynch SC; DA Rao (Defendant)