Labbozzetta v Director of Liquor & Gaming [1999] NSWSC 96

New South Wales Supreme Court CITATION : Labbozzetta v Director of Liquor & Gaming [1999] NSWSC 96 CURRENT JURISDICTION : Administrative Law FILE NUMBER(S) : 30042/97 HEARING DATE(S) : 11; 12 March 1998 JUDGMENT DATE : 23 February 1999

PARTIES : Anthony Labbozzetta v Director of Liquor and Gaming JUDGMENT OF : Simpson J

LOWER COURT JURISDICTION : Licensing Court of NSW LOWER COURT FILE NUMBER(S) : not available LOWER COURT JUDICIAL OFFICER : Mr J Keating

COUNSEL : P - Mr A J L Bannon SC D - Mr M Sexton SOLICITORS : P - Jenny Bull & Co. D - I.V. Knight, Crown Solicitor CATCHWORDS : ACTS CITED : Registered Clubs Act 1976 DECISION : (i) appeal dismissed; (ii) the plaintiff is to pay the defendant's costs of the appeal.

THE SUPREME COURT OF NEW SOUTH WALES AMINISTRATIVE LAW DIVISION

SIMPSON J

Tuesday 23 February 1999

30042/97

Anthony LABBOZZETTA v DIRECTOR OF LIQUOR AND GAMING Judgment

HER HONOUR : 1 This is an appeal under s 42 of the Registered Clubs Act 1976 ("the Act"). Such an appeal lies to this court on a question of law only. The subject of the appeal is the decision of Mr J Keating, Licensing Magistrate of 28 January 1997. In that decision Mr Keating declared the plaintiff, Anthony Labbozzetta, ineligible for a period of two years to stand for election to, or hold office in the position of secretary or a member of the governing body of the Club Marconi of Bossley Park social and Recreation and Sporting Centre Limited (hereinafter referred to as "The Club"), or any other club registered under the Act. The relevant legislation 2 The long title of the Act includes the following: "An Act to make provision with respect to the registration of clubs and their rules and management; … 3 Division 1 of Part 2 is concerned with registration and provides for the issue of certificates of registration in appropriate circumstances by the Licensing Court. S 9A prescribes statutory conditions to which a certificate is issued, and confers power on the Licensing Court to impose additional conditions. S 10 comprehensively states requirements to be met by clubs. Among these, relevant for present purposes, are: "s. 10. Requirements to be met by clubs (1) For the purposes of sections 9 and 17 (1AA) (a), the requirements in relation to a club are as follows: (i) A member of the club, whether or not he is a member of the governing body, or of any committee, of the club, shall not be entitled, under the rules of the club or otherwise, to derive, directly or indirectly, any profit, benefit or advantage from the club that is not offered equally to every full member of the club.