Independent Liquor and Gaming Authority v Whitebull HTL Pty Ltd; Independent Liquor and Gaming Authority v Area Hotel UT Pty Ltd; Independent Liquor and Gaming Authority v The Griffith Hotel Pty Ltd [2023] NSWCA 224

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Independent Liquor and Gaming Authority v Whitebull HTL Pty Ltd; Independent Liquor and Gaming Authority v Area Hotel UT Pty Ltd; Independent Liquor and Gaming Authority v The Griffith Hotel Pty Ltd [2023] NSWCA 224 Hearing dates: 16 August 2023 Date of orders: 20 September 2023 Decision date: 20 September 2023 Before: Meagher JA at [1]; Kirk JA at [2]; Griffiths AJA at [137] Decision: In each of the proceedings 2023/198867, 2023/198861, 2023/198869: (1) Grant leave to appeal. (2) The appellant is to file a notice of appeal in accordance with its draft notice of appeal within 7 days. (3) Uphold the appeal with costs. (4) Set aside the orders dated 5 June 2023 and in lieu thereof order that the summons be dismissed with costs. Catchwords: ADMINISTRATIVE LAW – gambling regulation – applications to transfer or lease gaming machine entitlements – applications to increase gaming machine thresholds – conditions imposed on hotel licenses – whether declarations as to construction of statute were appropriate – whether order requiring grant of application was appropriate – scope of discretions under ss 19, 25 and 34 of the Gaming Machines Act 2001 (NSW) – scope of discretion under s 53 of the Liquor Act 2007 (NSW) – whether s 53 of the Liquor Act provides power to impose conditions on liquor licences relating to harm minimisation concerns relating to gaming machines Legislation Cited: Casino Control Act 1992 (NSW) Community Gaming Act 2018 (NSW) Gaming and Liquor Administration Act 2007 (NSW) Gaming Machines Act 2001 (NSW) Gaming Machines Amendment Act 2008 (NSW) Gaming Machines Amendment Bill 2008 Gaming Machines Regulation 2019 (NSW) Interpretation Act 1987 (NSW) Liquor Act 2007 (NSW) Unlawful Gambling Act 1998 (NSW) Cases Cited: Anthony Hordern & Sons Ltd v Amalgamated Clothing & Allied Trades Union of Australia (1932) 47 CLR 1; [1932] HCA 9 Attorney-General (Cth) v Oates (1999) 198 CLR 162; [1999] HCA 35 Commissioner of Police (NSW) v Cottle (2022) 96 ALJR 304; [2022] HCA 7 Construction Forestry Mining and Energy Union v Mammoet Australia Pty Ltd (2013) 248 CLR 619; [2013] HCA 36 Independent Liquor & Gaming Authority v 4 Boys (NSW) Pty Ltd [2023] NSWCA 210 Minister for Employment and Workplace Relations v Gribbles Radiology Pty Ltd (2005) 222 CLR 194; [2005] HCA 9 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Minister for Immigration and Ethnic Affairs v Mayer (1985) 157 CLR 290 at 301-302; [1985] HCA 70 Minister for Immigration and Multicultural and Indigenous Affairs v Nystrom (2006) 228 CLR 566; [2006] HCA 50 North Australian Aboriginal Justice Agency Ltd v Northern Territory (2015) 256 CLR 569; [2015] HCA 41 Plaintiff S297-2013 v Minister for Immigration and Border Protection (2015) 255 CLR 231; [2015] HCA 3 R v Australian Broadcasting Tribunal; Ex parte 2HD Pty Ltd (1979) 144 CLR 45; [1979] HCA 62 Tourist Accommodation Pty Ltd v Independent Liquor and Gaming Authority [2023] NSWCA 67 Whitebull HTL Pty Ltd v Independent Liquor and Gaming Authority [2023] NSWSC 588 Texts Cited: Explanatory Note, Gaming Machines Amendment Bill 2008 New South Wales Legislative Assembly, 29 October 2008, Hansard Category: Principal judgment Parties: 2023/198867