LISAFA HOLDINGS PTY LTD v THE GAMING TRIBUNAL AND ANOR [NO 2] [1992] NSWCA 139

LISAFA HOLDINGS PTY LTD v THE GAMING TRIBUNAL AND ANOR [NO 2]

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P 4 March 1992 [1992] NSWCA 139

PRACTICE and PROCEDURE — stay to protect appeal to/review by Court of Appeal — order of Gaming Tribunal — declaration that premises a gaming house — removal of source of offence — serious financial consequences of closure — public interest in orders of Tribunal — held: Short stay of operation of Tribunal order granted upon undertakings and provision for immediate return before the Court of Appeal on 1 hour's notice if breached.

Gaming and Betting Act 1912, s33.

Kirby P Earlier today I made orders providing for the expedited hearing of a purported appeal brought by Lisafa Holdings Pty Ltd against a decision of the Gaming Tribunal (the first opponent) which has submitted. The appeal proceedings before the Tribunal were commenced on the complaint of Mr George Taylforth (the second opponent) who contests. I ordered that the "appeal" be expedited and returned before the Court of Appeal for hearing on Monday next, 9 March 1992. On that day it may be anticipated that the Court will proceed to determine the matters in contest between the parties.

It is sufficient for present purposes to say that it appeared to me, at the time of the making of the orders for expedition, that there was a matter of substance to be argued before the Court. The litigation is not without a history. The parties were earlier before the Court of Appeal. See Lisafa Holdings Pty Ltd v Commissioner of Police and Ors (1988) 15 NSWLR 1 (CA).

The occasion for the order of the Gaming Tribunal was a finding that the premises owned by the claimant in Haberfield near Sydney were a gaming house because of the presence on the premises of what are alleged to be prohibited amusement devices.