Tourist Accommodation Pty Ltd v Independent Liquor and Gaming Authority [2022] NSWSC 1277

Supreme Court New South Wales

Medium Neutral Citation: Tourist Accommodation Pty Ltd v Independent Liquor and Gaming Authority [2022] NSWSC 1277 Hearing dates: 7 September 2022 Date of orders: 26 September 2022 Decision date: 26 September 2022 Jurisdiction: Common Law - Administrative Law Before: Griffiths AJ Decision: The further amended summons is dismissed, with costs. Catchwords: ADMINISTRATIVE LAW – Ground of review other than procedural fairness – Constructive failure to exercise jurisdiction – Whether defendant Authority misconstrued evidence – Whether applications determined on the basis of an incorrect factual assumption ADMINISTRATIVE LAW – Procedural fairness – Hearing rule – Disclosure – Whether defendant Authority required to disclose deliberative processes ADMINISTRATIVE LAW – Ground of review other than procedural fairness – Irrelevant and relevant considerations – Statutory construction ADMINISTRATIVE LAW – Hardiman principle – Role of the defendant Authority as the active contradictor – No impropriety Legislation Cited: Casino Control Act 1992 (NSW) Gaming and Liquor Administration Act 2007 (NSW) Gaming Machines Act 2001 (NSW) Gaming Machines Regulation 2019 (NSW) Liquor Act 2007 (NSW) Cases Cited: Commissioner for the Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Cunneen v Independent Commission Against Corruption [2014] NSWCA 421 Henroth Investments Pty Ltd v Sydney North Planning Panel [2019] NSWCA 68 Murlan Consulting Pty Ltd v Ku-Ring-Gai Municipal Council [2009] NSWCA 300 R v Australian Broadcasting Tribunal; Ex parte Hardiman (1980) 144 CLR 12; [1980] HCA 13 Re Minister for Immigration and Multicultural and Indigenous Affairs v Ex parte Lam (2003) 214 CLR 1; [2003] HCA 6 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152; [2006] HCA 63 Texts Cited: Macquarie Dictionary (8th ed, 2020) Category: Principal judgment Parties: Tourist Accommodation Pty Ltd (Plaintiff) Independent Liquor and Gaming Authority (Defendant) Representation: Counsel: W G Muddle SC (Plaintiff) S Patterson (Defendant)