Williams v Licensing Court of NSW [2000] NSWSC 1222

New South Wales Supreme Court

CITATION : Williams v Licensing Court of NSW [2000] NSWSC 1222 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 2951 of 2000 HEARING DATE(S) : 21 November 2000 JUDGMENT DATE : 20 December 2000

Andrew Denzil Williams (Plaintiff) The Licensing Court of New South Wales (First Defendant) PARTIES : Peter Scanlan, Principal Registrar of the Licensing Court of New South Wales (Second Defendant) Liquor Administration Board (Third Defendant) Hurstville City Council (Fourth Defendant) JUDGMENT OF : Windeyer J at 1

Mr B W Rayment QC with him Mr F Donohoe (Plaintiff) COUNSEL : Submitting appearance (First and Second Defendant) Mr T Lynch (Third Defendant) Mr P R Rigg (Fourth Defendant) Verekers (Plaintiff) SOLICITORS : I V Knight (First, Second and Third Defendants) Deacons (Fourth Defendant) CATCHWORDS : STATUTES - Liquor Act 1982 s161A(4) interpretation - "as a result of an application that was finally determined" - grant of conditional licence by Licensing Court is a final determination of an application for the purposes of the section - consideration of entitlements "as a result of" that determination Corporations Law s50 LEGISLATION CITED : Gaming Legislation Amendment (Gaming Machine Restrictions) Act 2000 Liquor Act 1982, s4, s18, s20, s40, s55,, s55(3) s60, s60(2), s60(4)(c), s146, s160, s161(1), s161(2), s161A, s161A(2), s161A(4), s161A(8), s182C Retail Leases Act 1994 Australian Securities Commission v Kavanagh (1993) 11ACSR 148 Brisbane City Council v Mainsel Investments Pty Limited [1989] 2 QdR 204 CASES CITED : Deloitte Touche Tohmatsu v Australian Securities Commission (1999) 15 ACSR 652 Garbin v Wild [1965] WAR 72 March v E & M.H. Stramare Pty Ltd (1991) 171 CLR 506 DECISION : See paragraphs 15 and 16