Davies v Smith (No 2) [2019] NSWSC 1291

Supreme Court New South Wales

Medium Neutral Citation: Davies v Smith (No 2) [2019] NSWSC 1291 Hearing dates: 29 July 2019, 24 September 2019 Decision date: 26 September 2019 Jurisdiction: Common Law Before: Adamson J Decision: (1) Declare under s 3(1) of the Restricted Premises Act 1943 (NSW) (the Act) that premises identified by NSW Land Registry Services as Lot 57 in Deposited Plan 244895, which is commonly known as 12 Nottingham Avenue, Castle Hill in the State of New South Wales, are premises to which Part 2 of the Act applies.

(2) Stay the effect of the declaration for a period of 120 days.

(3) Make no order as to costs. Catchwords: RESTRICTED PREMISES ACT 1943 – application for declaration – suspicion on reasonable grounds – effect of reputed criminals living on premises – matters germane to exercise of discretion – hardship to defendant irrelevant – declaration made Legislation Cited: Criminal Procedure Act 1986 (NSW), ss 3, 5, 6 Disorderly Houses (Commercial Supply of Prohibited Drugs) Bill 2002 (NSW) Interpretation Act 1987 (NSW), ss 9, 34 Restricted Premises Act 1943 (NSW), ss 2, 3, 4, 6, 8 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Al-Kateb v Godwin (2004) 219 CLR 562; [2004] HCA 37 Davies v Smith [2019] NSWSC 700 Electrolux Home Products Pty Limited v Australian Workers' Union (2004) 221 CLR 309; [2004] HCA 40 Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24; [1986] HCA 40 Sibuse Pty Ltd v Shaw (1988) 13 NSWLR 98 The Commissioner of Police v Tanos (1958) 98 CLR 383; [1958] HCA 6 Texts Cited: New South Wales Legislative Council, Parliamentary Debates (Hansard), 20 November 2002 Young PW, Declaratory Orders (2nd ed, 1984, Butterworths) Category: Principal judgment Parties: Detective Sergeant Evan Davies (Plaintiff) Malcolm Gordon Smith (Defendant) Representation: Counsel: F Rogers (Plaintiff) P Godkin (Defendant)