NSW Caselaw
DARLING CASINO LTD v NEW SOUTH WALES CASINO CONTROL AUTHORITY and ORS
SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
KirBy P, POWELL and COLE JJA 3 and 4 October 1995, 8 November 1995
[1995] NSWCA 117
ADMINISTRATIVE LAW — privative provision — exclusion of judicial review — express exclusion of review for natural justice — construction of exclusion — purpose of legislation — held: exclusion effective — judicial review unavailable.
GAMING — casino — licence — unsuccessful bidder challenges lawfulness of grant of licence — held: judicial review excluded by clear statutory provisions.
STATUTES — construction — history of legislation — amendment to accord with report recommendation excluding judicial review for natural justice — significance of.
WORDS and PHRASES — "decision".
ADMINISTRATIVE LAW — privative provision — exceptional statutory terms — grant of licence to operate casino — establishment of statutory authority to grant licence — requirement of high probity of members of authority — provision that grant requires agreement of four out of five members — express exclusion of requirement to act in accordance with natural justice — exclusion of judicial review and obligation to state reasons — ministerial speech to Parliament explains provisions by reference to inquiry into legislation and recommendations thereof — challenge to decision to grant licence on the basis that it denied natural justice or misconstrued the Act and was unreasonable — whether such challenges within privative provision of the Act providing that "a decision of the Authority under this Act is final and is not subject to appeal or review"
GAMING — casino — licensing of — grant of licence to applicant — provision in legislation establishing authority with power to grant licence excluding judicial review — scope of privative provision — purpose of legislation — duty of Court to give effect to — requirement to look at entire legislation and to give meaning to its terms according to its purposes — clear purpose to exclude judicial review and to deny review for natural justice — upon complaints made concerning the lawfulness of the decision of the Authority to grant the licence
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