Sergeant Gary Broadhurst v Nomads Motorcycle Club Incorporated [2018] NSWSC 71

Supreme Court New South Wales

Medium Neutral Citation: Sergeant Gary Broadhurst v Nomads Motorcycle Club Incorporated [2018] NSWSC 71 Hearing dates: 05 February 2018 Date of orders: 05 February 2018 Decision date: 05 February 2018 Jurisdiction: Common Law Before: Walton J Decision: (1) An order pursuant to Uniform Civil Procedure Rules r 1.26 and Schedule 10 that the Supreme Court deal with an application under section 3(1) and/or 3(3) of the Act notwithstanding that this summons has not been served on all persons who may have an interest in the proceedings.

(2) A declaration under section 3(1) and 3(3) of the Act that premises identified by NSW Land Registry Services as Folio XXXX-XX and known as XX-XX XXXXXXXX XXXXX, Islington in the State of New South Wales are premises to which Part 2 of the Act applies, for the predominant (but not sole) reason that reputed criminals have attended or are likely to attend the premises, and a reputed criminal has, or takes part or assists in, the control or management of the premises. Catchwords: RESTRICTED PREMISES – ex parte – application under s 3(1) and s 3(3) of the Restricted Premises Act 1943 – necessary emergency established – declaration sought made Legislation Cited: Restricted Premises Act 1943 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Commissioner of Police, NSW Police Force v WX Fortunes Pty Limited [2017] NSWSC 1632 Hyder v Commonwealth (2012) 217 A Crim R 571 Sibuse Pty Ltd v Shaw (1988) 13 NSWLR 98 Category: Principal judgment Parties: Sergeant Gary Broadhurst (Plaintiff) Nomads Motorcycle Club Incorporated (First Defendant) Phillip Walton (Second Defendant) Representation: Solicitors: Makinson d'Apice Lawyers (Plaintiff) File Number(s): 2018/37954