Al Khlif v Armani Restaurant Pty Ltd

Al Khlif (the applicant) sought an ex parte hearing to suppress affidavit evidence intended to be relied upon by Armani Restaurant Pty Ltd (the respondent). The application was made significantly after the expiry of an earlier order for hearing and sought to vacate the hearing date and stay the proceedings.

The central legal issues before the Court were whether the applicant had presented sufficient evidence to justify an ex parte hearing for the suppression of evidence, and whether the circumstances warranted an ongoing suppression order of the breadth sought. Specifically, the Court considered whether the evidence demonstrated conduct by the applicant that necessitated such an order to prevent prejudice to the proper administration of justice or to protect the safety of a person under section 88G of the relevant Act.

Street J found that there was no direct evidence before the Court establishing circumstances that would justify the broad suppression order being sought. The evidence did not identify any conduct by the applicant that would render the order necessary for the protection of the administration of justice or for personal safety as contemplated by section 88G. Consequently, the application for an ex parte hearing for suppression and the related requests for vacation of the hearing date and stay of proceedings were dismissed.