NSW Caselaw
Reported Decision: 171 LGERA 112[2010] ALMD 3115[2010] ALMD 3183[2010] ALMD 3385[2010] ALMD 3386[2010] ALMD 3387[2010] ALMD 3388
New South Wales Court of Appeal
CITATION: Waugh Hotel Management Pty Ltd v Marrickville Council [2009] NSWCA 390
HEARING DATE(S): 18 August 2009
JUDGMENT DATE: 3 December 2009
JUDGMENT OF: Hodgson JA at 1; Campbell JA at 8; Young JA at 151
DECISION: Appeal dismissed with costs.
CATCHWORDS: LOCAL GOVERNMENT – powers, functions and duties of councils – Gaming Machines Act 2001 section 209 – whether reasons for refusal of development application were reasons relating to the installation, keeping or operation of approved gaming machines – nature of the prohibition in section 209 – STATUTES – interpretation – observations of the nature of statutory interpretation – statutory context – whether regulations made after the commencement of the principal Act can be used to construe the principal Act – use of extrinsic material – whether statements of intention made in Parliament can be used to interpret an Act – APPEAL – role of Court of Appeal hearing an appeal on a question of law from a judge of the Land and Environment Court who acted as a substitute decision-maker for the consent authority – COURTS AND JUDGES – legal reasoning – observations as to the nature of legal reasoning in a common law system – WORDS AND PHRASES – "relates to" – "relating to" – "in relation to" – "in respect of" – "in connection with" – "refuse to grant … development consent … for any reason that relates to …"
Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Gaming Machine Tax Act 2001 Gaming Machines Act 2001 Gaming Machines Amendment (Shutdown Periods) Bill 2003 Gaming Machines Amendment (Shutdown Periods) Act 2003 LEGISLATION CITED: Gaming Machines Amendment Act 2002 Gaming Machines Bill 2001 Gaming Machines Regulation 2002 Interpretation Act 1987 Land and Environment Court Act 1979 Liquor Act 1982 Registered Clubs Act 1976 Unlawful Gambling Act 1998
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