Commissioner of Police v Tanos [1958] HCA 6

Commissioner of Police v Tanos [1958] HCA 6

An ex parte declaration of premises as a disorderly house should only be made in truly exceptional, urgent circumstances; in the absence of urgency or special hazard, notice and opportunity to be heard must be provided. In this case, no exigency justified the ex parte declaration, so the original order was set aside.

Parties
Appellant/respondent: Commissioner of Police; Respondent/appellant: Alice Elsie Tanos
Jurisdiction
Australia
Procedural Posture
Appeal / Appeal From Supreme Court of New South Wales to High Court of Australia
Outcome
Appeal of Alice Elsie Tanos allowed. Appeal of Commissioner of Police dismissed. Orders of lower court discharged or lapsed accordingly. Costs in the High Court to be paid by the Commissioner of Police.
Legal Topics
Disorderly Houses, Ex Parte Orders, Procedural Fairness, Statutory Construction
Administrative Law Criminal Law Disorderly Houses Ex Parte Orders Procedural Fairness Statutory Construction

Case Brief

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Parties

Commissioner of Police

Appellant/respondent

Alice Elsie Tanos

Respondent/appellant

Procedural Posture

Appeal / Appeal From Supreme Court of New South Wales to High Court of Australia

Legal Issues

  1. 1 Whether a declaration that premises are a disorderly house under s. 3 of the Disorderly Houses Act 1943 (NSW) should be made ex parte only in exceptional cases.
  2. 2 What must be proved by an applicant seeking rescission of such a declaration under s. 4.
  3. 3 Whether an order made ex parte under s. 3 can be set aside independently of s. 4.

Ratio Decidendi

An ex parte declaration of premises as a disorderly house should only be made in truly exceptional, urgent circumstances; in the absence of urgency or special hazard, notice and opportunity to be heard must be provided. In this case, no exigency justified the ex parte declaration, so the original order was set aside.

Court Disposition

Appeal of Alice Elsie Tanos allowed. Appeal of Commissioner of Police dismissed. Orders of lower court discharged or lapsed accordingly. Costs in the High Court to be paid by the Commissioner of Police.

Orders

  • Order of Walsh J. set aside (ex parte declaration discharged).
  • Order of Manning J. lapsing; appeal from that order dismissed.