LISAFA HOLDINGS PTY LTD v THE GAMING TRIBUNAL AND ANOR [1992] NSWCA 138

LISAFA HOLDINGS PTY LTD v THE GAMING TRIBUNAL AND ANOR

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY, HANDLEY JJA and Hope AJA 21 February 1992

[1992] NSWCA 138

Mahoney JA This matter comes before the court in a fashion which is not ordinary. A summons has been filed naming as opponents the Gaming Tribunal constituted under the Gaming and Betting Act 1912 and Mr George Henry Taylforth, who the court has been informed is the deponent of an affidavit presently before the Gaming Tribunal.

Provision is made under s28 and other sections of the Gaming and Betting Act for the filing by a senior police officer of an affidavit stating that officer's belief that a place is a gaming house, and setting out the grounds of that belief.

$28(2) provides: "28(2) The Gaming Tribunal shall, not later than five days after an affidavit is filed, make an interim declaration that the place is reasonably suspected of being a gaming house or determine not to make such an interim declaration." Provision is made, in subs(3), for the matters to which the Gaming Tribunal may have regard in "determining whether or not to make an interim declaration". It is not necessary to refer further in detail to the terms of the Act.

The court does not have before it any affidavit, nor has it taken evidence in the ordinary way. It relies upon what has been said to it by Mr Webb QC, who appears for the claimant.

In substance what has been said is this: On or about 18 February 1992 Mr Taylforth made an affidavit which apparently was filed before the Gaming Tribunal in relation to matters referred to in s28. The court has been informed that the parties agree that the five day period referred to in s28(2) will expire at the conclusion of Monday next. The matter was listed before the Tribunal, constituted by his Honour Judge Ward of the District Court, on 21 February 1992.