McMILLAN & ANOR v DIRECTOR-GENERAL OF COMMUNITIES NSW [2009] NSWSC 1236

New South Wales Supreme Court

CITATION : McMILLAN & ANOR v DIRECTOR-GENERAL OF COMMUNITIES NSW [2009] NSWSC 1236

HEARING DATE(S) : 15 and 16 October 2009

JUDGMENT DATE : 18 November 2009

JURISDICTION : Administrative Law

JUDGMENT OF : Hall J at 1

The declaratory relief sought in paragraphs 1, 3, 4, 5 and 6 of the Summons is refused. The Summons, in those respects, is dismissed. DECISION : The order in the nature of prohibition sought in paragraph 7 of the Summons is refused and the Summons, in that respect, is dismissed. The order sought in paragraph 8 of the Summons is refused and the Summons, in that respect is also dismissed.

CATCHWORDS : ADMINISTRATIVE LAW – Liquor Act 2007 – validity of disturbance complaint under Part 5 Division 3 of the Act – nature of a "complaint" – what verification of a complaint requires – formal affirmation of complaint – not verification of underpinning factual matters – whether conference convened on the basis of "complaints" was pursuant to valid exercise of power under s.80 of the Act – whether excess of jurisdiction – decision under s.80(3) of the Act to extend the conference to include additional licensees of licensed premises – whether rules of procedural fairness apply to such a decision – an extension decision is a procedural decision not affecting substantive rights or interests – no breach of rules – no jurisdictional error re conference or extension decisions - no breach of procedural fairness in inspectors under the Casino, Liquor and Gaming Control Authority Act 2007 or police or council officers communicating with Director of Director's delegate in light of the statutory scheme established by the Liquor Act – Director and delegate not in position of "accusers" – secrecy provisions in s.17 of the Casino, Liquor and Gaming Control Authority Act no breached by disclosure by Director of trading figures to competition licensees – such disclosure made in the discharge of statutory functions – interpretation of secrecy provisions