Sergeant Gary Broadhurst v Nomads Hunter Valley Motor Cycle Club Incorporated (ACN 076 396 391)

The case involved Sergeant Gary Broadhurst and the Nomads Hunter Valley Motor Cycle Club Incorporated. The dispute centred on the Club's premises, which the Sergeant sought to have declared as restricted under the Restricted Premises Act 1943, due to suspected illegal activities. These activities included the sale and supply of alcohol without a license, possession of firearms, management by individuals with criminal records, and the presence of reputed criminals. Furthermore, there was evidence of inter-gang violence linked to the premises. The matter was heard in the Supreme Court of New South Wales.

The court had to determine whether there was sufficient evidence to support a declaration that the Club's premises were restricted. This required the court to consider the weight and admissibility of the evidence presented by the Sergeant, including witness statements, photographs, and other documentary evidence. The court had to balance the public interest in preventing illegal activities against the rights of the Club as a legal entity. The key issue was whether the evidence was compelling enough to justify restricting access to the premises.

The court found that the evidence presented by the Sergeant was robust and demonstrated a pattern of illegal activities and criminal associations connected to the Club's premises. The court was satisfied that the premises were indeed being used for illegal purposes, as alleged. The court concluded that the declaration of the premises as restricted was warranted in the interest of public safety and the prevention of further criminal activity. The court made the declaration under the Restricted Premises Act 1943, thereby restricting access to the premises as sought by the Sergeant.