Trueman v Horsley Park Social Club Ltd [2018] NSWSC 1892

Supreme Court New South Wales

Medium Neutral Citation: Trueman v Horsley Park Social Club Ltd [2018] NSWSC 1892 Hearing dates: 15 August 2018 Date of orders: 07 December 2018 Decision date: 07 December 2018 Jurisdiction: Common Law Before: Lonergan J Decision: I declare, pursuant to the provisions of s 3(1) of the Restricted Premises Act 1943 (NSW) that the premises described below, namely Lot C in Deposited Plan 398446 which is commonly known as 1681 The Horsley Drive, Horsley Park in the State of New South Wales are premises to which Part 2 of the Restricted Premises Act 1943 applies for the predominant but not sole reason that reputed criminals have attended or are likely to attend the premises. 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 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 Legislation Cited: Restricted Premises Act 1946 (NSW) ss 2, 3 Uniform Civil Procedure Rules (NSW) r 6.29, Sch 10 Gaming and Liquor Administration Act 2007 (NSW) Cases Cited: Beeche v Smith Street Investments Pty Ltd [2018] NSWSC 544 Hyder v The Commonwealth (2012) 217 A Crim R 571; [2012] NSWCCA 336 Sibuse Pty Ltd v Shaw (1988) 13 NSWLR 98 Category: Principal judgment Parties: Acting Sergeant Nathan Trueman (Plainitff) Horsley Park Social Club (Defendant) Representation: Counsel: F Rogers (Plaintiff) D Toomey SC/D Woodbury (Defendant)