Sergeant Gary Broadhurst v Nomads Motorcycle Club Incorporated [2018] NSWSC 71

Sergeant Gary Broadhurst v Nomads Motorcycle Club Incorporated [2018] NSWSC 71

The Court made the declarations because Sergeant Broadhurst, a senior police officer, showed reasonable grounds for suspecting that liquor was unlawfully sold or supplied on or from the premises, reputed criminals or associates resorted or were likely to resort to the premises, and Mr Walton, a reputed criminal or associate of reputed criminals, controlled, managed or assisted in control or management of the premises. The recent escalation in violent conflict between the Nomads and the Finks, including attacks on the premises and firearms incidents, established an emergency justifying the ex parte hearing and the exercise of discretion to grant declarations under s 3(1) and s 3(3).

Jurisdiction
Australia
Judgment Date
05 February 2018
Procedural Posture
Application for Declarations Under the Restricted Premises Act 1943 (nsw) / Ex Parte Application by Amended Summons
Outcome
Application granted; declarations made.
Legal Topics
['ex Parte Proceedings' 'restricted Premises Declaration' 'reputed Criminal Declaration' 'reasonable Grounds for Suspicion' 'unlawful Sale or Supply of Liquor' 'outlaw Motorcycle Gangs']
['restricted Premises' 'civil Procedure' 'police Powers'] ['ex Parte Proceedings' 'restricted Premises Declaration' 'reputed Criminal Declaration' 'reasonable Grounds for Suspicion' 'unlawful Sale or Supply of Liquor' 'outlaw Motorcycle Gangs']

Case Brief

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Procedural Posture

Application for Declarations Under the Restricted Premises Act 1943 (nsw) / Ex Parte Application by Amended Summons

Legal Issues

  1. 1 ['Whether the application could properly proceed ex parte notwithstanding non-service on persons who may have an interest in the proceedings.' 'Whether the statutory conditions for declarations under s 3(1) and s 3(3) of the Restricted Premises Act 1943 (NSW) were satisfied.' 'Whether the Court should exercise its discretion to make the declarations sought.']

Ratio Decidendi

The Court made the declarations because Sergeant Broadhurst, a senior police officer, showed reasonable grounds for suspecting that liquor was unlawfully sold or supplied on or from the premises, reputed criminals or associates resorted or were likely to resort to the premises, and Mr Walton, a reputed criminal or associate of reputed criminals, controlled, managed or assisted in control or management of the premises. The recent escalation in violent conflict between the Nomads and the Finks, including attacks on the premises and firearms incidents, established an emergency justifying the ex parte hearing and the exercise of discretion to grant declarations under s 3(1) and s 3(3).

Court Disposition

Application granted; declarations made.

Orders

  • ['An order pursuant to Uniform Civil Procedure Rules r 1.26 and Schedule 10 that the Supreme Court deal with an application under section 3(1) and/or 3(3) of the Restricted Premises Act 1943 (NSW) notwithstanding that the summons had not been served on all persons who may have an interest in the proceedings.' 'A...