COMMISSIONER OF POLICE v RYAN [2007] NSWCA 196

COMMISSIONER OF POLICE v RYAN [2007] NSWCA 196

There was no breach of procedural fairness by failing to provide material supporting the closure order either before or with the order, as neither the statutory scheme nor general law required it. The material before the authorised justice was reasonably capable of satisfying the statutory preconditions for the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 August 2007
Procedural Posture
Appeal / Final Judgment in NSW Court of Appeal; Special Leave Application to High Court Refused
Outcome
Appeal allowed; lower court declaration and costs order set aside; summons dismissed with costs; respondent to pay appellant's costs; certificate under Suitors' Fund Act 1951 (NSW) granted.
Legal Topics
['procedural Fairness' 'short Term Closure of Licensed Premises' 'statutory Interpretation' 'judicial Discretion']
['administrative Law' 'judicial Review' 'liquor Licensing'] ['procedural Fairness' 'short Term Closure of Licensed Premises' 'statutory Interpretation' 'judicial Discretion']

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Procedural Posture

Appeal / Final Judgment in NSW Court of Appeal; Special Leave Application to High Court Refused

Legal Issues

  1. 1 ['Whether procedural fairness required provision of material supporting the closure order prior to its making' 'Whether procedural fairness required provision of material with the order upon service' 'Whether the material before the authorised justice was reasonably capable of satisfying the preconditions to exercise of the closure power under s104A Liquor Act 1982 (NSW)']

Ratio Decidendi

There was no breach of procedural fairness by failing to provide material supporting the closure order either before or with the order, as neither the statutory scheme nor general law required it. The material before the authorised justice was reasonably capable of satisfying the statutory preconditions for the closure order; therefore, the order was not invalid. The appeal was allowed, and the summons dismissed with costs.

Court Disposition

Appeal allowed; lower court declaration and costs order set aside; summons dismissed with costs; respondent to pay appellant's costs; certificate under Suitors' Fund Act 1951 (NSW) granted.

Orders

  • ['Allow the appeal.' 'Set aside the declaration made by Hall J on 27 October 2006 and any order as to costs.' 'In lieu thereof, order that the summons in the Common Law Division be dismissed with costs.' "Order the Respondent to pay the Appellant's costs of the appeal." "Grant the Respondent a certificate under the...