Taphouse Investments Pty Ltd v Independent Liquor and Gaming Authority [2023] NSWCATAP 171

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Taphouse Investments Pty Ltd v Independent Liquor and Gaming Authority [2023] NSWCATAP 171 Hearing dates: 17 March 2023, further submissions 22 March 2023 Date of orders: 26 June 2023 Decision date: 26 June 2023 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member J Lucy, Senior Member Decision: 1. The application to join Kelly Marie Hughes as a respondent to the appeal is refused. 2. Pursuant to section 55 (1) (b) of the Civil and Administrative Tribunal Act 2013 (NSW), the appeal is dismissed. 3. Within 14 days of the publication of these reasons, any party that wishes to apply for an order in relation to the costs of the appeal is to file and serve written submissions in support of the application, including submissions as to whether a hearing in respect of the application may be dispensed with, and within 14 days thereafter the parties are to file and serve any written submissions in reply. Catchwords: APPEALS-moot appeals-appeal in administrative review proceedings-administrative review of Tribunal decision affirming a decision of the Liquor & Gaming Authority to refuse an application for an extended trading hours authorisation-change of hotel licensee subsequent to the Tribunal's decision-interpretation of s 49 (2) of the Liquor Act concerning applications for an extended trading hours authorisation-whether the authorisation power applies to the hotel licensee from time to time or can only be granted to the applicant/licensee-whether the grant of a liquor licence and extended trading hours authorisation runs with the hotel premises-whether any utility in determining the merits of the appeal-whether discretion should be exercised to determine the appeal even though it has no practical consequences for the parties. Legislation Cited: Administrative Decisions Review Act 1997 (NSW). Civil and Administrative Tribunal Act 2013 (NSW) Gaming and Liquor Administration Act 2007 (NSW) Liquor Act 2007 (NSW) Cases Cited: Attorney General (NSW) v XY [2014] NSWCA 466 Australian Press Council v Southey [2022] NSWCATAP 127 Bass v Permanent Trustee Company Ltd (1999) 198 CLR 334; [1999] HCA 9 Collins v Urban [2014] NSWCATAP 17 Dibb v Transport for NSW (No 2) [2022] NSWCATAP 89 Gardner v Dairy Industry Authority of New South Wales [1977] 18 ALR 55 Hunter Development Corporation v Save our Rail NSW Incorporated (No 2) [2016] NSWCA 375; 93 NSWLR 704 Jardin v Metcash Ltd [2011] NSWCA 409 Odze v Carr (1970) 92 W.N. 685 PE Bakers Pty Ltd & Ors v Yehuda (1988) NSWLR 437 Rogers v The Queen (1994) 181 CLR 251 Secretary, Department of Communities and Justice v Feeney [2021] NSWCATAP 139 Washington H. Soul, Pattinson & Co v Ogilvy (1954) 55 SR (NSW) 143 Texts Cited: Nil Category: Principal judgment Parties: Taphouse Investments Pty Limited (Appellant) Independent Liquor and Gaming Authority (Respondent) Representation: Counsel: C Ireland (Appellant) A Cheshire SC and M Gaven (Respondent)