Blairgrove Pty Ltd v Independent Liquor & Gaming Authority [2024] NSWSC 1525

Supreme Court New South Wales

Medium Neutral Citation: Blairgrove Pty Ltd v Independent Liquor & Gaming Authority [2024] NSWSC 1525 Hearing dates: 29 November 2024 Date of orders: 29 November 2024 Decision date: 29 November 2024 Jurisdiction: Common Law Before: Coleman J Decision: (1) The defendant's decisions on 25 June 2024, to refuse the plaintiff's Local Impact Assessment (LIA) under s 36 of the Gaming Machines Act 2001 (NSW) ("the GM Act") and to refuse the plaintiff's application for a gaming machine threshold increase ("GM application") under s 34 of the GM Act are set aside. (2) The plaintiffs LIA and GM application are remitted to the defendant for determination in accordance with law. (3) There is no order as to costs of the proceedings. Catchwords: ADMINISTRATIVE LAW – judicial review – parties agree – Court satisfied of basis for relief – no question of principle Legislation Cited: Gaming Machines Act 2001 (NSW), ss 25, 32, 34, 35, 36 Gaming Machine Regulation 2019, cll 31, 33, 40 Cases Cited: Commissioner for Police, New South Wales Police Force v Claydon [2023] NSWSC 1041 Hinkler Ave 1 Pty Ltd v Sutherland Shire Council [2023] NSWCA 264 Kovalev v Minister for Immigration and Multicultural Affairs (1999) 100 FCR 323; [1999] FCA 557 LPDT v Minister for Immigration, Citizen, Migrant Services and Multicultural Affairs (2024) 98 ALJR 610 Mackey v CIC Allianz Australia Insurance Limited [2015] NSWSC 505 Minister of Immigration and Citizenship v Li (2013) 249 CLR 332 Category: Principal judgment Parties: Blairgrove Pty Ltd (Plaintiff) Independent Liquor & Gaming Authority (Defendant) Representation: Counsel: Clare Langford (Defendant)