Beeche v Smith Street Investments Pty Ltd [2018] NSWSC 544

Supreme Court New South Wales

Medium Neutral Citation: Beeche v Smith Street Investments Pty Ltd [2018] NSWSC 544 Hearing dates: 27 April 2018 Decision date: 30 April 2018 Jurisdiction: Common Law Before: McCallum J Decision: Pursuant to 3(3) of the Restricted Premises Act 1948 (NSW), I declare that the premises identified in NSW Land Registry Services folio 2/SP39554, commonly known as Unit 2 of 13 Smith Street, Emu Plains in the State of New South Wales, are premises to which Part 2 of the Restricted Premises Act applies; I note that, since the predominant reason for that declaration is that reputed criminals have attended or are likely to attend the premises, the declaration takes effect as a reputed criminal declaration; Pursuant to r 6.29 of the Uniform Civil Procedure Rules 2005 (NSW), I direct that Smith Street Investments Pty Ltd be removed as defendant; I direct the plaintiff to use his best endeavours to serve a copy of these orders and this judgment on Mr Burt within 7 days. Catchwords: RESTRICTED PREMISES – application for declaration of premises under the Restricted Premises Act – whether reasonable grounds exist for suspecting entertainment of a demoralising character takes place on the premises – meaning of the term "demoralising" – whether entertainment involving the use of a "stripper pole" has a demoralising character within the meaning of the Act – whether reasonable grounds exist for suspecting liquor unlawfully sold on the premises – whether reasonable grounds exist for suspecting reputed criminals resort to the premises

PRACTICE AND PROCEDURE – appropriateness of determining application ex parte – urgency – where premises registered in the name of a deregistered company – premises used as a club house for an outlaw motorcycle gang – occupier not readily identifiable Legislation Cited: Corporations Act 2001 (Cth) s 601AD Gaming and Liquor Administration Act 2007 (NSW) Restricted Premises Act 1943 (NSW) ss 2, 3, 4, 16 Uniform Civil Procedure Rules 2005 (NSW) r 6.29, Schedule 10 Cases Cited: Commissioner of Police, New South Wales Police Force v WX Fortune Pty Ltd [2017] NSWSC 1632 Lisafa Holdings Pty Ltd v Commissioner of Police (1988) 15 NSWLR 1 Sergeant Gary Broadhurst v Nomads Hunter Valley Motor Cycle Club Incorporated (ACN 076 396 391) [2018] NSWSC 256 Sibuse Pty Ltd v Shaw (1988) 13 NSWLR 98 Category: Procedural and other rulings Parties: Detective Chief Inspector Darren Beeche (plaintiff) Smith Street Investments Pty Ltd (ACN 165 615 814) (defendant) Representation: Counsel: N Regener (solicitor for plaintiff)