The Griffith Hotel Pty Ltd and anor v Independent Liquor and Gaming Authority [2021] NSWSC 933

Supreme Court New South Wales

Medium Neutral Citation: The Griffith Hotel Pty Ltd and anor v Independent Liquor and Gaming Authority [2021] NSWSC 933 Hearing dates: 18 March 2021 Date of orders: 3 August 2021 Decision date: 03 August 2021 Jurisdiction: Common Law Before: Bellew J Decision: The defendant is to pay the plaintiffs' costs as agreed or assessed. Catchwords: COSTS – Where plaintiffs made application to the defendant for the transfer of gaming machine entitlements – Application made on 14 May 2020 – Application undetermined as at 24 December 2020 – Where plaintiffs brought proceedings on that day seeking relief in the nature of mandamus – Where defendant subsequently granted the applications unconditionally – No issue left for determination leading the plaintiffs to discontinue the proceedings – Whether plaintiffs should have their costs – Significant delays on the part of the defendant in determining the applications – Where the defendant had been put on notice of commencement of proceedings – Plaintiffs entitled to an order for costs in their favour Legislation Cited: Gaming and Liquor Administration Act 2007 (NSW) Gaming Machine Regulation 2019 (NSW) Gaming Machines Act 2001 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Edwards Madigan Torzillo Briggs Pty Limited v Gloria Stack [2003] NSWCA 302 Re The Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia; Ex parte Lai Qin (1997) 186 CLR 622; [1997] HCA 6 Texts Cited: N/A Category: Costs Parties: The Griffith Hotel Pty Limited – First Plaintiff North Rydge Pty Limited – Second Plaintiff Independent Gaming and Liquor Authority – Defendant Representation: Counsel: C Birch SC – Plaintiffs S Robertson – Defendant