HART AND ORS v BELL AND ORS [1992] NSWCA 107

HART AND ORS v BELL AND ORS SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P, MEAGHER and CRIPPS JJA 6 November 1992, 6 November 1992

[1992] NSWCA 107

LIQUOR — certificate by liquor Administration Board — refusal of certificate for on-licence — consideration of irrelevant grounds — decision set aside and remitted for consideration without regard to such grounds. ADMINISTRATIVE LAW — judicial review — administrative action — irrelevant consideration. LIQUOR — proper approach to appeals from specialist administrative authority.

LIQUOR — certificate by Liquor Administration Board in application for on-licence — Board declines certificate — cites three grounds (a) applicant's premises purpose-built for use and subsequent license applicant; (b) grant contrary to the "principles of Act", the premises being premises suitable for licensing as an hotel; and (c) adverse impact upon existing licensed premises in the neighbourhood — application for judicial review to Supreme Court (Sully J) succeeds on (a) and (b) — on appeal to the Court of Appeal — held: (1) No error was shown in the decisions by Sully J on (a) and (b) and such decisions should be affirmed: (2) Appeal dismissed with costs.

LIQUOR — appeal to Supreme Court — proper approach to — need for appropriate regard to specialist nature of statutory bodies administering liquor law — need to avoid over-refined examination of reasons of administrators — Martin v Green [1984] 1 NSWLR 148 (CA) applied.

ADMINISTRATIVE LAW — judicial review of administrative action — decision of Liquor Administration Board to refuse certificate preliminary to application to Licensing Court for on-licence of premises — whether decision invalidated by consideration of irrelevant matters — held: (affirming Sully J): It was.

Liquor Act 1982, s18(4), s74(A.