4 Boys (NSW) Pty Ltd v Independent Liquor and Gaming Authority [2022] NSWSC 1689

Supreme Court New South Wales

Medium Neutral Citation: 4 Boys (NSW) Pty Ltd v Independent Liquor and Gaming Authority [2022] NSWSC 1689 Hearing dates: 2 December 2022 Decision date: 09 December 2022 Jurisdiction: Common Law Before: Adamson J Decision: (1) Extend the time pursuant to Uniform Civil Procedure Rules 2005 (NSW), r 59.10, within which the plaintiff may file the summons to 29 July 2022. (2) Grant leave to the plaintiff to file the further amended summons dated 1 December 2022. (3) Declare that, if requested to do so by the plaintiff, as has occurred, the defendant has power, by reason of the operation of s 48 of the Interpretation Act 1987 (NSW): (a) to revoke its decision of 23 April 2021 to increase the gaming machine threshold for the Seaview Tavern; (b) to revoke its decision of 6 December 2021 approving the application for transfer of one gaming machine entitlement from the hotel licence of the Coutts Crossing Tavern to the hotel licence of the Seaview Tavern; and (c) to revoke its decision approving the transfer of six gaming machine entitlements from the hotel licence of the Coutts Crossing Tavern to the hotel licence of the Seaview Tavern. (4) Otherwise, dismiss the summons. (5) Order the defendant to pay the plaintiff's costs of the proceedings. Catchwords: LICENSING — Casinos and gambling — Independent Liquor and Gaming Authority — Powers of Authority — whether Authority has power to revoke threshold increase decision Legislation Cited: Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) Acts Interpretation Act 1901 (Cth), s 33 Casino Control Act 1992 (NSW), s 115B Gaming Machines Act 2001 (NSW), ss 3, 10, 20, 20A, 25B, 27, 32, 32A, 33, 34, 35, 36, 36A, 37, 39, 40, 40A, 41, 42, 56,59, 64, 65, 83, 104, 136, 138, 153, 155, 198, sch 1 cl 35 Gaming Machines Regulation 2019 (NSW) Interpretation Act 1889 (UK), s 32 Interpretation Act 1897 (NSW), s 32 Interpretation Act 1987 (NSW), ss 5, 43, 48 Liquor Act 2007 (NSW), ss 15, 53 Migration Act 1958 (Cth), s 501 Petroleum Products Subsidy Act 1965 (NSW), s 8 Uniform Civil Procedure Rules 2005 (NSW), rr 42.1, 59.10 Cases Cited: Border Protection v Makasa (2021) 270 CLR 430; [2021] HCA 1 Carr v Western Australia (2007) 232 CLR 138; [2007] HCA 47 Duffy v Independent Liquor and Gaming Authority [2016] NSWSC 1062 Minister for Home Affairs v Brown (2020) 275 FCR 188; [2020] FCAFC 21 Minister for Immigration and Ethnic Affairs v Kurtovic (1990) 21 FCR 193 Minister for Indigenous Affairs v MJD Foundation Ltd (2017) 250 FCR 31; [2017] FCAFC 37 Parkes Rural Distributions v Glasson (1986) 7 NSWLR 332 Wade v Burns (1966) 115 CLR 537; [1966] HCA 35 Category: Principal judgment Parties: 4 Boys (NSW) Pty Ltd (Plaintiff) Independent Liquor and Gaming Authority (Defendant) Representation: Counsel: C Birch SC (Plaintiff) S Mirzabegian SC / D Birch (Defendant)