Sideris v Independent Liquor and Gaming Authority [2018] NSWCATAD 165

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sideris v Independent Liquor and Gaming Authority [2018] NSWCATAD 165 Hearing dates: 24 July 2018 Date of orders: 24 July 2018 Decision date: 01 August 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: Hennessy LCM, Deputy President Decision: 1. The Commissioner of Police, NSW Police Force is joined as a Respondent. 2. The request by Anders Sideris to stay the decision made by Independent Liquor and Gaming Authority on 4 July 2018 to impose long term banning orders for the Kings Cross and Sydney CBD precincts is refused. 3. Independent Liquor and Gaming Authority is to give to the Tribunal and all other parties the following material: documents under s 58 of the Administrative Decisions Review Act 1997 on or before 23 August 2018. 4. Anders Sideris is to give to the Tribunal and all other parties the following material: evidence including statements, documents and submissions on or before 6 September 2018. 5. Independent Liquor & Gaming Authority is to give to the Tribunal and all other parties the following material: all evidence in reply, submissions and a summary of legal arguments on or before 20 September 2018. 6. The proceeding is listed for hearing on 26 September 2018 at 10 am at John MaddisonTower, Level 10, 86-90 Goulburn Street, Sydney for 3 hours. Catchwords: INTERLOCUTORY ORDERS – application for stay of decision to impose long term banning orders under the Liquor Act 2007 (NSW) – where applicant pleaded not guilty to serious indictable offence – where criminal charges have not been determined – whether stay appropriate to secure the effectiveness of the hearing – whether discretion should be exercised to grant stay taking into account relevant considerations Legislation Cited: Administrative Decisions Review Act 1997 (NSW) s 58, s 60 Civil and Administrative Tribunal Act 2013 (NSW), s 64(1)(a) Liquor Act 2007 (NSW), ss 3(1), 116G(3), 116G(7A) and 116H(1) Cases Cited: AVS Group of Companies Pty Ltd v Commissioner of Police [2010] NSWCA 81 Commissioner of Police v Monastirski [2017] NSWCATAP 225 Loveday v Commissioner for Fair Trading [2018] NSWCATAD 80 New South Wales Bar Association v Stevens [2003] NSWCA 95 Re Pelling and Secretary, Department of Aviation [1984] AATA 179; (1984) 5 ALD 638 Category: Procedural and other rulings Parties: Anders Sideris (Applicant) Independent Liquor and Gaming Authority (First Respondent) Commissioner of Police, NSW Police Force (Second Respondent) Representation: Solicitors: Uther Webster & Evans (Applicant) Crown Solicitor's Office (First and Second Respondent) File Number(s): 2018/00220498 Publication restriction: The publication or broadcast of the name of the victim identified in the Police Fact sheet is prohibited. This order is made under section 64(1)(a) of the Civil and Administrative Tribunal Act 2013 (NSW).Note: A Reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.