Dubbo RSL Memorial Club Limited & Anor v Steppat & Ors [2008] NSWSC 965

Reported Decision : 160 LGERA 455

New South Wales Supreme Court

CITATION : Dubbo RSL Memorial Club Limited & Anor v Steppat & Ors [2008] NSWSC 965

HEARING DATE(S) : 11 September 2008

JUDGMENT DATE : 19 September 2008

JURISDICTION : Civil

JUDGMENT OF : McClellan CJatCL

1. The plaintiffs' summons dismissed with costs. DECISION : 2. I make the orders sought in the defendants' cross summons as follows: 1. A declaration that the internal roofed area of the Outdoor Gaming Terrace of the first plaintiff's premises is an "enclosed public place" for the purpose of the definition of "smoke-free area" in s 6 of the Smoke-free Environment Act 2000. 2 A declaration that the roofed area of the TAB Outdoor Area of the first plaintiff's premises is an "enclosed public place" for the purpose of the definition of "smoke-free area" in s 6 of the Smoke-free Environment Act 2000.

CATCHWORDS : PUBLIC HEALTH - declarations sought under Smoke-free Environment Act 2000 - licensed club premises - whether part of club premises an "enclosed public place" - whether covered area and uncovered area of club premises a single "public place"

LEGISLATION CITED : Smoke-free Environment Act 2000

CATEGORY : Principal judgment

Dubbo RSL Memorial Club (1st Pltf) The Registered Clubs Association of NSW (2nd Pltf) PARTIES : Ingo-Reiner Gerd Steppat (1st Def) Mark Nave (2nd Def) State of New South Wales (3rd Def)

FILE NUMBER(S) : SC 2007/30124

COUNSEL : C Birch SC/T Lynch (Pltfs) N Williams SC/S J Free (Defs)

SOLICITORS : Pigott Stinson (Pltfs) Crown Solicitor's Office (Defs)