Independent Liquor & Gaming Authority v Hurlstone Park Operations Pty Ltd [2024] NSWCATAP 232

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Independent Liquor & Gaming Authority v Hurlstone Park Operations Pty Ltd [2024] NSWCATAP 232 Hearing dates: 28 October 2024 Date of orders: 15 November 2024 Decision date: 15 November 2024 Jurisdiction: Appeal Panel Before: R C Titterton OAM, Senior Member D Goldstein, Senior Member Decision: (1) In relation to each of matters 2023/00035087 and 2023/00313081: (a) Leave to appeal is granted; (b) Each appeal is allowed and the proceedings are dismissed; (c) On or before 28 November 2024, the appellant is to file and serve submissions and if necessary evidence in relation to costs; (d) On or before 12 December 2024, the respondents may respond; (e) On or before 19 December 2024, the applicant may reply. Catchwords: ADMINISTRATIVE LAW – meaning and effect of s 13A of the Gaming and Liquor Administration Act 2007 (NSW) Legislation Cited: Casino Control Act 1992 (NSW): Civil and Administrative Tribunal Act 2013 (NSW), ss 4, 5, 30, 80 Gaming and Liquor Administration Act 2007 (NSW), s 13A Gaming Liquor and Administration Regulation 2016 (NSW), cl 7(b) Administrative Decisions Review Act 1997 (NSW), ss 7, 9 and 63 Cases Cited: Coulton v Holcombe (1986) 162 CLR 1 Frugtniet v Australian Securities and Investments Commission [2019] HCA 16 Taphouse Investments Pty Limited v Independent Liquor and Gaming Authority [2022] NSWCATAD 255 Taphouse Investments Pty Ltd v Independent Liquor and Gaming Authority [2023] NSWCATAP 171 Taphouse Investments Pty Limited v Independent Liquor and Gaming Authority [2024] NSWSC 240 Texts Cited: Gavit, Jurisdiction of the Subject Matter and Res Judicata, (1932) Indiana Law Review 386 Category: Principal judgment Parties: Independent Liquor and Gaming Authority, Appellant Hurlstone Park Operations Pty Ltd, First Respondent Mark Leonard James Orr, Second Respondent Representation: Counsel: A Cheshire SC and M Gaven (Appellant) P Bolster (First and Second Respondents)