McGUINNESS & ANOR v STATE OF NEW SOUTH WALES & ORS [2009] NSWSC 40

Reported Decision : 73 NSWLR 104

New South Wales Supreme Court

CITATION : McGUINNESS & ANOR v STATE OF NEW SOUTH WALES & ORS [2009] NSWSC 40

HEARING DATE(S) : Wednesday 3 December 2009

JUDGMENT DATE : 17 February 2009

JURISDICTION : Administrative Law

JUDGMENT OF : Hall J at 1

DECISION : The amended summons is dismissed.

CATCHWORDS : ADMINISTRATIVE LAW – Cabinet decision to impose special conditions on liquor licenses in respect of certain hotels including that of the first plaintiff – announcement of proposed government reform measures – proposals to reduce alcohol-related violence - LIQUOR LAW – Liquor Act 2007 – power to impose conditions on licences under provisions of the Act – by regulations made under the Act or by virtue of provisions of the Act – special conditions initially imposed by regulation to give effect to proposed reform measures and subsequently by amendments to the Act imposing conditions on licences listed in a Table to the amending provisions – Cabinet decision to implement reform measures announced publicly by Premier – decision of Cabinet to include plaintiff's hotel on a list of 48 hotels to be the subject of new conditions – STATUTORY POWERS - whether decision subject to the requirements of procedural fairness – statutory amendments made under s.11(1)(b) of the Act imposing special conditions on the first plaintiff's licence accepted as validly enacted – whether decision of Cabinet an incident of the exercise of the statutory power to impose conditions or an aspect of it – decision involved social and policy elements – interests of licensees, hotel staff, hotel patrons relevant to the decision to impose new measures – statutory power to amend Act and impose special conditions not subject to requirements of procedural fairness nor was the publicly announced Cabinet decision to place the first plaintiff's hotel on the list subject to such requirements – whether decision of Cabinet "irrational" or "unreasonable" – Cabinet entitled to rely upon statistics produced by the Bureau of Crime Statistics and Research – not irrational or unreasonable