Screen v J B Sullivan Pty Ltd [2021] NSWCATAP 187

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Screen v J B Sullivan Pty Ltd [2021] NSWCATAP 187 Hearing dates: 31 May 2021 Date of orders: 28 June 2021 Decision date: 28 June 2021 Jurisdiction: Appeal Panel Before: Cowdroy AO QC ADCJ, Principal Member P H Molony, Senior Member Decision: The Appeal Panel orders that the appeal be dismissed. Catchwords: APPEALS — liquor licensing — lease of part of licensed premises — whether void due to failure to obtain approval of licensing authority — appeal dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Competition and Consumer Act 2010 (Cth) Fair Trading Act 1987 (NSW) Liquor Act 2007 (NSW) Retail Leases Act 1994 (NSW) Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Gnych v Polish Club Ltd [2015] HCA 23 Lyons Road Pty Ltd v The Owners Strata Plan 38722 (RLD) [2008] NSWADTAP 28 Polish Club Ltd v Gnych [2014] NSWCA 321 Taylor Farms (Aust) Pty Ltd v A Calkos Pty Ltd [1999] NSWSC 186 Texts Cited: Nil Category: Principal judgment Parties: Ian Glenn Screen (Appellant) J B Sullivan Pty Ltd (Respondent) Representation: Solicitors: Nolan Commercial Law Practice (Appellant) Julia Clarke Solicitor (Respondent) File Number(s): 2021/00087219 (AP 2021/87219) Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Consumer and Commercial Division Citation: Not reported Date of Decision: 26 February 2021 Before: K Ross, Senior Member File Number(s): COM 20/03845