Garren Anthony Hamilton v Forte-Senses Hotels Pty Limited and Ors [2016] NSWSC 1004

Supreme Court New South Wales

Medium Neutral Citation: Garren Anthony Hamilton v Forte-Senses Hotels Pty Limited and Ors [2016] NSWSC 1004 Hearing dates: 20 July 2016 Date of orders: 20 July 2016 Decision date: 20 July 2016 Jurisdiction: Common Law Before: Bellew J Decision: (1) I declare, pursuant to the provisions of s 3 (1) of the Restricted Premises Act 1943 that the premises described below, namely the land comprising Deposited Plan 1/1803082, and the building thereupon, being 44 Darlinghurst Road, Potts Point but not including 44A and 44B Darlinghurst Road, Potts Point, they being separate commercial premises operating at street level, are premises to which Part 2 of the Restricted Premises Act 1943 applies.

(2) I note the terms of s 4 of the Restricted Premises Act 1943 which provides as follows:

4 Rescission of declaration

(1) Any such declaration may be rescinded by the appropriate Court subject to such terms as the Court thinks fit, on application being made to it:

(a) by the owner or occupier of the premises, the subject of the declaration, on proof that the owner or occupier has not at any time allowed any of the conditions referred to in subsection (1) of section 3 to obtain in relation to such premises, or

(b) by a senior police officer on proof that there is no reasonable ground for suspecting that any of the conditions referred to in subsection (1) of section 3 obtain in relation to such premises.

(2) Where an application under this section is made by the owner or occupier of the premises notice in writing of intention to make the same shall be served on a senior police officer two days at least before the hearing of such application.