Sergeant Gary Broadhurst v Nomads Hunter Valley Motor Cycle Club Incorporated (ACN 076 396 391) [2018] NSWSC 256

Supreme Court New South Wales

Medium Neutral Citation: Sergeant Gary Broadhurst v Nomads Hunter Valley Motor Cycle Club Incorporated (ACN 076 396 391) [2018] NSWSC 256 Hearing dates: 26 February 2018 Date of orders: 26 February 2018 Decision date: 26 February 2018 Jurisdiction: Common Law Before: Rothman J Decision: (1) The application be dealt with ex parte.

(2) An order pursuant to UCPR r 1.26 and Schedule 10 that the Supreme Court deal with an application under sections 3(1) and 3(3) of the Restricted Premises Act 1943 (NSW)("Act") notwithstanding that this Summons has not been served on all persons who may have an interest in the proceedings.

(3) A declaration under section 3(1) and 3(3) of the Act that premises identified by NSW Land Registry Services as Lot 16 in Deposited Plan 879207 and known as 177 Bridge Street, Muswellbrook 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.

The Court notes the terms of Section 4 of the Restricted Premises Act 1943 provide 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"4 Rescission of declaration (1) Any such declaration may be rescinded by the appropriate Court subject to such terms as the Court thinks fit, on application being made to it: (a) by the owner or occupier of the premises, the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."