Garren Anthony Hamilton v Forte-Senses Hotels Pty Limited and Ors [2016] NSWSC 1004

Garren Anthony Hamilton v Forte-Senses Hotels Pty Limited and Ors [2016] NSWSC 1004

The evidence, including police intelligence reports and affidavit material, satisfied the Court that both liquor and illicit substances have been used at, and/or supplied from, the premises, justifying the declaration sought.

Jurisdiction
Australia
Judgment Date
20 July 2016
Procedural Posture
Declaration Application Under Restricted Premises Act 1943 (nsw) / Final Orders
Outcome
Declaration made under s 3(1) of the Restricted Premises Act 1943; no order as to costs.
Legal Topics
['restricted Premises Act Application' 'use and Supply of Prohibited Substances']
['criminal Law' 'property Law'] ['restricted Premises Act Application' 'use and Supply of Prohibited Substances']

Case Brief

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Procedural Posture

Declaration Application Under Restricted Premises Act 1943 (nsw) / Final Orders

Legal Issues

  1. 1 ['Whether premises at 44 Darlinghurst Road, Potts Point are premises to which Part 2 of the Restricted Premises Act 1943 applies' 'Whether reasonable grounds are shown for suspecting unlawful sale or supply of liquor/drugs']

Ratio Decidendi

The evidence, including police intelligence reports and affidavit material, satisfied the Court that both liquor and illicit substances have been used at, and/or supplied from, the premises, justifying the declaration sought.

Court Disposition

Declaration made under s 3(1) of the Restricted Premises Act 1943; no order as to costs.

Orders

  • ['Declaration pursuant to s 3(1) of the Restricted Premises Act 1943 that the premises at 44 Darlinghurst Road, Potts Point (excluding 44A and 44B) are premises to which Part 2 of the Act applies.' 'Terms of s 4 of the Act, relating to rescission of declaration, noted.' 'No order as to costs.']