Royal Granville Hotel v Independent Liquor and Gaming Authority [2022] NSWSC 1408

Supreme Court New South Wales

Medium Neutral Citation: Royal Granville Hotel v Independent Liquor and Gaming Authority [2022] NSWSC 1408 Hearing dates: 11 October 2022 Date of orders: 17 October 2022 Decision date: 17 October 2022 Jurisdiction: Common Law Before: Schmidt AJ Decision: 1. The summons is dismissed. 2. The usual order as to costs under the Uniform Civil Procedure Rules 2005 (NSW) is that costs follow the event. In this case that is an order that the Hotel pay the Authority's costs, as agreed or assessed. Unless the parties' approach to be heard within 14 days, that will be the Court's order. Catchwords: JUDICIAL REVIEW – gaming machine shutdown period – application under s 40 of the Gaming Machines Act 2001 (NSW) refused – proper construction of s 40 given requirements imposed on Authority by s 3 – whether Authority was bound to grant application which satisfies the applicable Ministerial Guidelines – proper construction of cl 1.2 of the Guidelines – requirement that there be more than one other relevant hospitality and entertainment venue in the area – requirement that the other venues be open – application refused Legislation Cited: Gaming Machines Amendment (Shutdown Periods) Bill 2003 Gaming Machines Act 2001 (NSW), ss 3, 39, 40, 40A, 41 Gaming and Liquor Administration Act 2007 (NSW), ss 6, 9, 36C Interpretation Act 1987 (NSW), ss 5(2), 8(c) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Cooper Brookes (Wollongong) Pty Ltd v Commissioner of Taxation (1981) 147 CLR 297; [1981] HCA 26 Mills v Meeking (1990) 169 CLR 214 [1990] HCA 6 SZTAL v Minister for Immigration and Border Protection (2017) 262 CLR 362; [2017] HCA 34 Category: Principal judgment Parties: Royal Granville Hotel (Plaintiff) Independent Liquor and Gaming Authority (Defendant) Representation: Counsel: Mr B O'Connor (Plaintiff Ms Z Heger (Defendant) Mr R McCaw (Defendant) Solicitors: Jeresyn Legal (Plaintiff) Crown Solicitors (Defendant) File Number(s): 2021/352768