Dinsdale v Director of Liquor and Gaming [1999] NSWSC 511

New South Wales Supreme Court CITATION : Dinsdale v Director of Liquor and Gaming [1999] NSWSC 511 CURRENT JURISDICTION : Common Law Division FILE NUMBER(S) : 13130/98 HEARING DATE(S) : 23 & 26 February 1999 JUDGMENT DATE : 31 May 1999

PARTIES : Judith Ann Dinsdale (Plaintiff) Director of Liquor and Gaming (Defendant) JUDGMENT OF : Dunford J

LOWER COURT JURISDICTION : Licensing Court of New South Wales LOWER COURT FILE NUMBER(S) : 159942 LOWER COURT JUDICIAL OFFICER :

COUNSEL : Mr AG Whealy QC / Mr Vukadinovic (Plaintiff) Mr T Lynch (Defendant) SOLICITORS : Phillips Fox (Plaintiff) IV Knight, Crown Solicitor (Defendant) CATCHWORDS : LIQUOUR LAW - Caterer's Licence - Applicant employee of owner of premises. ACTS CITED : Liquor Act 1982, s 54B Ex parte Breull, re Bowie (1880) 16 ChD 484. Graham v Lewis (1888) 22 QBD 1. Hope v Bathurst City (1980) 144 CLR 1. CASES CITED : Pioneer Concrete Services [1985] VR 675. Town Investments Ltd v Department of the Environment [1978] AC 359. Hughes v Clubb (1987) 10 NSWLR 325. Rolls v Miller (1884) 27 ChD 71. DECISION : See paras 27 & 28.

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION DUNFORD J 31 MAY 1999 1313 0/98 - Judith Ann DINSDALE v Director of Liquor & Gaming JUDGMENT 1 HIS HONOUR: This is an appeal by the plaintiff under s 146(1) of the Liquor Act 1982 ("the Act") from a decision of the Licensing Court of New South Wales of 7 December 1998 in which it refused an application by Judith Ann Dinsdale ("the plaintiff") for the grant to her of a caterer's licence in respect of premises known as AMF Bowl situated at 99 Woodriffe Street, Penrith. The grounds of appeal are that the Court erred in its construction of s 54B(1)(a) of the Act.