Xu v Commissioner of Police, NSW Police Force [2018] NSWSC 1532

Supreme Court New South Wales

Medium Neutral Citation: Xu v Commissioner of Police, NSW Police Force [2018] NSWSC 1532 Hearing dates: 11 October 2018 Date of orders: 11 October 2018 Decision date: 11 October 2018 Jurisdiction: Common Law Before: Davies J Decision: 1. Order pursuant to section 4 (1) (a) of the Restricted Premises Act 1943 ("the Act") that the declaration made by the Hon. Justice Schmidt on 24 November, 2017 declaring under section 3 (1) of the Act that the premises being Lot 7 DP 4510 known as 46 Sydenham Road, Marrickville, in the State of New South Wales, are premises to which Part 2 of the Act applies, be rescinded.

2. Order the proceedings be otherwise dismissed with no order as to costs. Catchwords: LAND LAW – restricted premises – application for rescission of declaration that premises are restricted premises – Restricted Premises Act 1948 (NSW) – whether rescission can be ordered by consent – need for applicant to show satisfaction with requirements of the Act – rescission of declaration made Legislation Cited: Restricted Premises Act 1943 (NSW) Cases Cited: Commissioner of Police, NSW Police Force v WX Fortune Pty Limited [2017] NSWSC 1632 Texts Cited: Nil Category: Procedural and other rulings Parties: Maggie Dan Fei Xu (First Plaintiff) WX Fortune Pty Ltd (Second Plaintiff) Commissioner of Police, NSW Police Force (Defendant) Representation: Counsel: J Young (Plaintiff) D Wong (Defendant)

Solicitors: Matulich Lawyers (Plaintiffs) Makinson d'Apice Lawyers (Defendant) File Number(s): 2018/175745 Publication restriction: Nil