Taphouse Investments Pty Limited v Independent Liquor and Gaming Authority [2024] NSWSC 240

Supreme Court New South Wales

Medium Neutral Citation: Taphouse Investments Pty Limited v Independent Liquor and Gaming Authority [2024] NSWSC 240 Hearing dates: 2 February 2024 Date of orders: 13 March 2024 Decision date: 13 March 2024 Jurisdiction: Common Law Before: Schmidt AJ Decision: (1) The extension of time sought be granted; (2) Leave to amend the summons be refused; (3) Leave to appeal be granted; (4) The appeal be dismissed; and (5) If costs cannot be agreed, the parties approach the Court within 14 days of this judgment, with short written submissions outlining what is in dispute and indicating if they wish to be heard further. Catchwords: APPEALS – procedure – time limits – extension of time – amendment– parties on appeal – joinder – whether joinder was necessary or proper APPEALS – leave to appeal – right of appeal – whether appeal moot – proper construction of Liquor Act 2007 (NSW) – whether Civil and Administrative Tribunal of New South Wales could make orders in favour of appellant on further review of an application for extended trading refused by the Authority LICENSING – liquor licensing – hotel – failed application for extension of trading hours – statutory construction – s 49 of the Liquor Act 2007 (NSW) – whether extended trading authorisation 'runs' with the premises upon transfer to a new licensee –whether orders pursued by former licensee about a failed extended trading application can be made by Tribunal Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 44, 80, 81, 83 Civil Procedure Act 2005 (NSW), s 56 Gaming and Liquor Administration Act 2007 (NSW), s 13A Liquor Act 2007 (NSW), ss 3, 7-15, 38, 40-46, 48-49, 51-55, 60, 60A, 61-62, 64, 66, 68, 91 Civil and Administrative Tribunal Rules 2014 (NSW), r 27 Liquor Regulation 2018 (NSW), reg 30 Uniform Civil Procedure Rules 2005 (NSW), rr 6.24, 6.25 Cases Cited: Australian Education Union v Department of Education and Children's Services (2012) 248 CLR 1; [2012] HCA 3 Coleman v Power (2004) 220 CLR 1; [2004] HCA 39 Commissioner of Police, New South Wales Police Force v Fine [2014] NSWCA 327 Cooper Brookes (Wollongong) Pty Ltd v Commissioner of Taxation (Cth) (1981) 147 CLR 297; [1981] HCA 26 ENT19 v Minister for Home Affairs [2023] HCA 18; (2023) 97 ALJR 509 Federal Commissioner of Taxation v Australian Building Systems Pty Ltd (in liq) (2015) 257 CLR 544; [2015] HCA 48 Hunter Development Corporation v Save Our Rail NSW Incorporated (No 2) [2016] NSWCA 375 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Quader v Nguyen [2023] NSWSC 815 SAS Trustee Corporation v Miles (2018) 265 CLR 137; [2018] HCA 55 Secretary, Department of Communities and Justice v Feeney [2021] NSWCATAP 139 Taphouse Investments Pty Limited v Independent Liquor and Gaming Authority [2022] NSWCATAD 255 Taphouse Investments Pty Limited v Independent Liquor and Gaming Authority [2023] NSWCATAP 171 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)