NSW Caselaw
New South Wales Supreme Court
CITATION : McHugh Holdings Pty Limited & Anor v Director General Communities NSW & Anor [2009] NSWSC 1359
HEARING DATE(S) : 03/12/2009
JUDGMENT DATE : 11 December 2009
JUDGMENT OF : Hoeben J
DECISION : The summons is dismissed. The plaintiffs are to pay the defendants' costs of the proceedings.
CATCHWORDS : ADMINISTRATIVE LAW - premises licensed under Liquor Act 2007 - making of regulation which had effect of adding to conditions under which those premises could operate - judicial review - alleged irrationality in decision-making process leading up to making of regulation - whether irrationality and Wednesbury unreasonableness established - whether decision of Director General subject to judicial review on Wednesbury unreasonableness grounds - whether judicial review of regulation available on Wednesbury unreasonableness grounds.
LEGISLATION CITED : Liquor Act 2007 (NSW) Liquor Amendment (Special Licence Conditions) Regulation (No 2) 2009 (NSW)
CATEGORY : Principal judgment
Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Alexandra Private Geriatric Hospital Pty Limited v Blewett (1985) 7 FCR 341 Bienke v Minister for Primary Industries and Energy (1996) 63 FCR 567 Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374 Hemmes Trading Pty Limited & Ors v State of NSW & Ors [2009] NSWSC 1303 Hot Holdings Pty Limited v Creasy & Ors (1996) 185 CLR 149 CASES CITED : Htun v Minister for Immigration and Multicultural Affairs (2001) 194 ALR 244 at 259 HTV Limited v Price Commission [1976] ICR 170 McGuinness v State of NSW [2009] NSWSC 40; (2009) 73 NSWLR 104 Minister for Primary Industries and Energy v Austral Fisheries Pty Ltd (1993) 40 FCR 381 Mixnam's Properties Limited v Chertsey Urban District Council [1964] 1 QB 214 Murrumbidgee Groundwater Preservation Association Inc v Minister for Natural Resources [2005] NSWCA 10 Oates v Attorney-General for the Commonwealth of Australia [2001] FCA 84
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