NSW Caselaw
New South Wales Supreme Court
CITATION : Harband v Prior [2008] NSWSC 51
HEARING DATE(S) : 10 December 2007
JUDGMENT DATE : 14 January 2008
JUDGMENT OF : Latham J
DECISION : Summons dismissed with costs.
CATCHWORDS : ADMINISTRATIVE LAW - whether Liquor Administration Board acted beyond power in approving Social Impact Assessments under Liquor Act 1982 and Gaming Machines Act 2001 - meaning of "trading hours" under the Regulations to the Liquor Act - whether proposed trading hours exceeded the trading hours of the former premises - whether clause 33 of the Gaming Machines Regulation 2002 requires transferee hotel to be an existing licensed hotel - Winners Circle Pty Ltd v Liquor Administration Board [2007] NSWSC442 followed.
Gaming Machines Act 2001 LEGISLATION CITED : Liquor Act Regulations 1996 Gaming Machines Regulation 2002
CATEGORY : Principal judgment
Rooty Hill RSL Club Ltd v Liquor Administration Board of NSW [2006] NSWCA 297 Boreland v Docker [2007] NSWCA 94 CASES CITED : Winners Circle Pty Ltd v Liquor Administration Board [2007] NSWSC 442 La Macchia v Minister for Primary Industries and Energy (1992) 110 CLR 201 Attorney-General for NSW v Quinn [2007] NSWSC 873
Stephen Noel Harband (First Plaintiff) David Charles Martin (Second Plaintiff) PARTIES : Anthony Stephen Prior (First Defendant) Liquor Administration Board (Second Defendant) Licensing Court of New South Wales (Third Defendant)
FILE NUMBER(S) : SC 2007/15569
JB Costigan (First Plaintiff) COUNSEL : JB Costigan (Second Plaintiff) MJ Leeming SC/A Hatzis (First Defendant)
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