Avilion Group Pty Limited v Commissioner of Police [2009] NSWSC 196

Avilion Group Pty Limited v Commissioner of Police [2009] NSWSC 196

The Court held it was arguable that the orders made by the President of the Administrative Decisions Tribunal may have exceeded jurisdiction if the President, sitting alone, finally determined an appeal (rather than an application for leave) from the Tribunal, and that in the interests of justice and the balance of convenience, a stay should be granted pending determination in the Court of Appeal, subject to undertakings by the plaintiffs regarding the conduct of the business and expedition of proceedings.

Jurisdiction
Australia
Judgment Date
24 March 2009
Procedural Posture
Judicial Review / Appeal / Interlocutory Application for Stay; Orders Prior to Transfer to Court of Appeal
Outcome
Stay granted; proceedings removed to Court of Appeal; costs reserved.
Legal Topics
['appeal to Appeal Panel of Administrative Decisions Tribunal' 'nature of Interlocutory Orders' 'jurisdiction of Appeal Panel' 'stay of Administrative Tribunal Orders' 'prerogative Relief' 'security Industry Licensing']
['administrative Law' 'practice and Procedure'] ['appeal to Appeal Panel of Administrative Decisions Tribunal' 'nature of Interlocutory Orders' 'jurisdiction of Appeal Panel' 'stay of Administrative Tribunal Orders' 'prerogative Relief' 'security Industry Licensing']

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Procedural Posture

Judicial Review / Appeal / Interlocutory Application for Stay; Orders Prior to Transfer to Court of Appeal

Legal Issues

  1. 1 ['Whether the President of the Administrative Decisions Tribunal sitting alone had jurisdiction to determine the appeal and finalise orders' 'Whether the Appeal Panel misapplied principles applicable to an appeal from an interlocutory discretionary judgment' "Whether the Appeal Panel's exercise of jurisdiction was consistent with the statutes and legal principles including those in Kable v Director of Public Prosecutions (NSW)" 'Whether the appeal to the Appeal Panel should have admitted fresh evidence or determined the matter as a de novo hearing']

Ratio Decidendi

The Court held it was arguable that the orders made by the President of the Administrative Decisions Tribunal may have exceeded jurisdiction if the President, sitting alone, finally determined an appeal (rather than an application for leave) from the Tribunal, and that in the interests of justice and the balance of convenience, a stay should be granted pending determination in the Court of Appeal, subject to undertakings by the plaintiffs regarding the conduct of the business and expedition of proceedings.

Court Disposition

Stay granted; proceedings removed to Court of Appeal; costs reserved.

Orders

  • ['Orders of President of Administrative Decisions Tribunal on 11 March 2009 stayed until further order of the Court or determination of application before the Administrative Decisions Tribunal.' 'Matter removed into the Court of Appeal pursuant to s 51(1)(b) Supreme Court Act 1970.' "Liberty to apply on two working...