Danesi v Commissioner of Police

Danesi v Commissioner of Police was a matter heard by the Supreme Court of Victoria. The applicant, Danesi, sought a review of a magistrate's order under section 104A of the Liquor Act 1982, which had resulted in the temporary closure of his premises. Danesi argued that the Commissioner of Police had refused to provide him with evidence on which the order was obtained. Danesi contended that this refusal frustrated his rights of appeal or review of the order and that the decision was made without jurisdiction, raising serious questions to be tried about a breach of natural justice.

The court was required to decide whether the Commissioner's refusal to provide evidence to Danesi constituted a breach of natural justice and whether the decision to close the premises was made without jurisdiction. The court also needed to consider whether Danesi's rights of appeal or review were frustrated by the Commissioner's actions.

The court found that the Commissioner's refusal to provide evidence to Danesi did indeed constitute a breach of natural justice. This breach frustrated Danesi's rights of appeal or review of the order, and the decision to close the premises was made without jurisdiction. The court held that the Commissioner's actions amounted to a serious question to be tried about a breach of natural justice, and the decision was quashed. The court ordered the Commissioner to provide Danesi with the evidence on which the order was obtained and to reconsider the matter in light of the court's decision.