Place v Thompson [1949] HCA 35

464 HIGH COURT

(HIGH COURT OF AUSTRALIA.]

PLACE . : ! : 3 . | 3 ae RESPONDENT, AND THOMPSON AND OTHERS . . . RESPONDENTS.

APPLICANTS AND RESPONDENT,

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

H.C, op A. Liquor—Publican's licence—Application for removal—Premises to be

1949. Application conditionally granted—Licensing Court—Full Bench—Adjudic

Se 4 —Appeal to Quarter Sessions—Competency of appeal—Liquor Act 1912-1946 Sypwey. (W.8.W.) (No. 42 of 1912—No. 34 of 1946), a8. 394, 170 (5).

ly 29; Haas An adjudication by the Full Bench of the Licensing Court, conditi

tii granting an application made under s. 39 of the Liquor Act 1912

Dizon, (N.S.W.) for the removal of a licence, is not subject to appeal to Qu Williams acd Sessions, and is an adjudication from which no appeal lies under s. 170

that Act other than appeal by way of prohibition or special case. So held by Dizon, McTiernan and Williams JJ. (Webb J. dissenting).

Decision of the Supreme Court of New South Wales (Full Court): Ex part Thompson and Others ; Re Place and Another, (1949) 49 8.R. (N.S.W.) 256 W.N. (N.S.W.) 117, reversed.

AprpraL from the Supreme Court of New South Wales.

Herbert Place, of City View Hotel, Abercrombie Street, Redfern licensed publican and hotel-keeper, applied under s. 394 of tl Liquor Act 1912-1946 (N.S.W.) to the Licensing Court for | Metropolitan Licensing District, Sydney, for an order onal granting the removal of the publican's licence for the City Hotel, Redfern, to premises proposed to be erected on land at the corner of Sydney Road and Woodland Street, B within the Municipality of Manly.

78 C.L.R.] OF AUSTRALIA.

The application was objected to by Richard Thompson and twenty-three other persons, and also by the Council of the Munici- pality of Manly, upon various grounds, but it was not objected to by the metropolitan licensing inspector.