Avilion Group Pty Ltd v Commissioner of Police

Avilion Group Pty Ltd and others appealed to the Supreme Court of New South Wales, Court of Appeal, against an interlocutory decision of the Administrative Decisions Tribunal (NSW). The dispute concerned the proper constitution of the Appeal Panel of the Tribunal when hearing an appeal against an interlocutory decision.

The primary legal issue before the Court of Appeal was whether the Administrative Decisions Tribunal Act 1997 (NSW) required an appeal against an interlocutory decision to be heard by a three-member Appeal Panel, even if leave to appeal was granted by a single member. The Court also considered the implications of the Tribunal's decision regarding the constitution of the Appeal Panel and the effect of various orders and undertakings made by the Tribunal and the Court.

The Court of Appeal reasoned that while leave to appeal an interlocutory decision could be granted by a single member of the Appeal Panel, the substantive appeal itself against such a decision must be heard by a three-member panel, as stipulated by sections 24 and 24A of the Administrative Decisions Tribunal Act 1997 (NSW). The Court found that the Tribunal had erred in its constitution of the Appeal Panel for the substantive appeal. Consequently, the Court allowed the appeal, set aside the Tribunal's interlocutory orders (except for the grant of leave to appeal), and reinstated a stay previously granted by a Magistrate. The Court also addressed the costs of the proceedings and the effect of its orders on existing stays and undertakings.