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

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

There were reasonable grounds to suspect liquor was unlawfully sold or supplied on the premises and that reputed criminals resorted to and are likely to resort again to the premises; these statutory conditions justified the declaration under s 3(1) of the Restricted Premises Act 1943 (NSW).

Parties
Plaintiff: Acting Sergeant Nathan Trueman; Defendant: Horsley Park Social Club Ltd
Jurisdiction
Australia
Judgment Date
07 December 2018
Procedural Posture
Application for Declaration Under Statute / Principal Judgment
Outcome
Declaration granted
Legal Topics
Restricted Premises, Unlawful Sale of Liquor, Declaration of Premises, Presence of Reputed Criminals
Criminal Law Administrative Law Restricted Premises Unlawful Sale of Liquor Declaration of Premises Presence of Reputed Criminals

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Parties

Acting Sergeant Nathan Trueman

Plaintiff

Horsley Park Social Club Ltd

Defendant

Procedural Posture

Application for Declaration Under Statute / Principal Judgment

Legal Issues

  1. 1 Whether reasonable grounds exist for suspecting entertainment of a demoralising character takes place on the premises
  2. 2 Whether reasonable grounds exist for suspecting liquor unlawfully sold on the premises
  3. 3 Whether reasonable grounds exist for suspecting reputed criminals resort to the premises

Ratio Decidendi

There were reasonable grounds to suspect liquor was unlawfully sold or supplied on the premises and that reputed criminals resorted to and are likely to resort again to the premises; these statutory conditions justified the declaration under s 3(1) of the Restricted Premises Act 1943 (NSW).

Court Disposition

Declaration granted

Orders

  • Premises at Lot C in Deposited Plan 398446, 1681 The Horsley Drive, Horsley Park, NSW are declared to be 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.