Smith v Director of Liquor and Gaming [2009] NSWSC 837

New South Wales Supreme Court

CITATION : Smith v Director of Liquor and Gaming [2009] NSWSC 837

HEARING DATE(S) : 30 June 2009 JURISDICTION : Common Law

JUDGMENT OF : Rothman J

EX TEMPORE JUDGMENT DATE : 30 June 2009

(1) The Director of Liquor and Gaming by himself, his servants and his agents not finalise the conference presently scheduled for 2 July 2009 under s 80 of the Liquor Act 2007 New South Wales until a date after the later of: DECISION : (a) 12 August 2009; and (b) four weeks after the production of the material, being source material for summaries relied upon in the proceedings, to the extent such material is referred to in the letters from Harris Wheeler to the defendant dated 17 June 2009 and 25 June 2009. (2) The defendant pay the plaintiffs' costs of and incidental to the proceedings as agreed or assessed.

CATCHWORDS : ADMINISTRATIVE LAW – Liquor licence complaints – Liquor Act 2007 – procedural fairness – failure to give adequate opportunity to prepare case – failure to provide documents sought in order to test case of complainant – insufficient time to prepare case – limited orders made - LIQUOR AND GAMING – complaint about disturbances – Director General's Conference – legislation considered – failure to provide procedural fairness by providing insufficient time to prepare and failing to provide documents upon a summary of which the complainants rely – limited orders made

LEGISLATION CITED : Liquor Act 2007

CATEGORY : Principal judgment

Annetts v McCann [1990] HCA 57; (1990) 170 CLR 596 CASES CITED : Lindemans Wines Pty Ltd v Woodward (1981) 46 LGRA 14 Sullivan v The Department of Transport (1978) 20 ALR 323