AVS Group of Companies v Commissioner of Police [2010] NSWSC 659

AVS Group of Companies v Commissioner of Police [2010] NSWSC 659

The question in the Peter Sleiman proceeding is confined to a question of law and is suitable for separate determination and removal to the Court of Appeal, given its overlap with pending appeal issues and the public importance of interpreting s 29(3). The Tony Sleiman proceeding involves unresolved factual issues and is not suitable for separate determination or removal at this stage. The proceedings are coordinated by staying hearings until determination of the main appeal and related matters.

Jurisdiction
Australia
Judgment Date
18 June 2010
Procedural Posture
Civil Administrative Law / Interlocutory Ruling / Orders Regarding Separate Question, Removal to Court of Appeal, and Stay
Outcome
Peter Sleiman proceeding: separate question to be determined and proceedings removed to Court of Appeal; Tony Sleiman proceeding: proceedings stayed pending outcome in related matters; various orders for vacating hearing dates, continuation of interim orders, and costs in the cause.
Legal Topics
['interpretation of S 29(3) Security Industry Act 1997' 'special Advocate Procedure' 'removal of Proceedings to Court of Appeal' 'separate Question Procedure' 'procedural Fairness' 'stays of Proceedings']
['administrative Law' 'civil Procedure'] ['interpretation of S 29(3) Security Industry Act 1997' 'special Advocate Procedure' 'removal of Proceedings to Court of Appeal' 'separate Question Procedure' 'procedural Fairness' 'stays of Proceedings']

Case Brief

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Procedural Posture

Civil Administrative Law / Interlocutory Ruling / Orders Regarding Separate Question, Removal to Court of Appeal, and Stay

Legal Issues

  1. 1 ["Whether on the proper construction of s 29(3) of the Security Industry Act 1997, the Commissioner of Police is obliged to approve the plaintiffs' proposal to be represented by a Special Advocate in Administrative Decisions Tribunal proceedings" 'Whether the question raised is suitable for separate determination as a question of law under Pt 28 r 28.2 of the Uniform Civil Procedure Rules' "Whether there are sufficient grounds ('special circumstances' or unusual circumstances) to warrant removal of the proceedings to the Court of Appeal under Pt 1 r 1.21 of the Uniform Civil Procedure Rules"]

Ratio Decidendi

The question in the Peter Sleiman proceeding is confined to a question of law and is suitable for separate determination and removal to the Court of Appeal, given its overlap with pending appeal issues and the public importance of interpreting s 29(3). The Tony Sleiman proceeding involves unresolved factual issues and is not suitable for separate determination or removal at this stage. The proceedings are coordinated by staying hearings until determination of the main appeal and related matters.

Court Disposition

Peter Sleiman proceeding: separate question to be determined and proceedings removed to Court of Appeal; Tony Sleiman proceeding: proceedings stayed pending outcome in related matters; various orders for vacating hearing dates, continuation of interim orders, and costs in the cause.

Orders

  • ['In 2010/110137 (Peter Sleiman proceeding): separate question ordered for hearing; proceedings removed into Court of Appeal; hearing dates vacated; continuation of orders made by Davies J on 13 May 2010; stay of application for review in the Tribunal until determination in Court of Appeal of these proceedings and...