Chambers Pty Limited v State of New South Wales [2010] NSWSC 271

New South Wales Supreme Court

CITATION : Chambers Pty Limited v State of New South Wales [2010] NSWSC 271

HEARING DATE(S) : 31 March, 1 April 2010

JUDGMENT DATE : 12 April 2010

JURISDICTION : Common Law Division

JUDGMENT OF : Hislop J

DECISION : 1. Summons dismissed. 2. Plaintiff to pay the defendant's costs.

LEGISLATION CITED : Shop Trading Act, 2008 Liquor Act, 2007

Anthony Hordern & Sons Limited v Amalgamated Clothing and Allied Trades Union of Australia (1932) 47 CLR 1 CASES CITED : Bruton Holdings Pty Limited v Commissioner of Taxation of the Commonwealth of Australia (2009) 239 CLR 346 Minister for Immigration and Multicultural and Indigenous Affairs v Nystrom (2006) 228 CLR 566 Bridge v Natoli (1963) AR 75

TEXTS CITED : McDonald's Liquor Laws of New South Wales, 3rd ed., 1965

Steven Chambers Pty Limited (Plaintiff) PARTIES : State of New South Wales (Defendant) Shop, Distributive Allied Employees Association (Intervenor)

FILE NUMBER(S) : SC 2010/78495

R.P.L. Lancaster SC/M. Painter (Plaintiff) COUNSEL : N.J. Beaumont (Defendant) A. Rogers (amicus curiae)

SOLICITORS : Herbert Geer (Plaintiff) Crown Solicitor (Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

HISLOP J

Monday 12 April 2010

2010/78495 STEVEN CHAMBERS PTY LIMITED v STATE OF NEW SOUTH WALES

REASONS FOR JUDGMENT

Introduction 1 The Shop Trading Act, 2008, s 4, provides that, subject to exemptions under Pt 3 of that Act, all shops must be kept closed at all times on, inter alia, Easter Sunday. 2 The plaintiff, the operator of a number of retail liquor stores and the holder of packaged liquor licences under the Liquor Act, 2007, s 10 (or its predecessor) in respect of those stores, desired to trade on Easter Sunday 2010. 3 In November/December 2009 it unsuccessfully sought exemptions under Pt 3 of the Shop Trading Act. 4 On Monday 29 March 2010 it filed a summons seeking the following orders: "1. A declaration that the Plaintiff, as holder of packaged liquor licences under the Liquor Act 2007 (NSW), may sell liquor by retail in sealed containers on the licensed premises, for consumption away from the licensed premises, during the period 10 am to 10 pm on Easter Sunday, 4 April 2010. 2. A declaration that upon the true and proper construction of the Shop Trading Act 2008 (NSW) the Plaintiff, as holder of packaged liquor licences issued under the Liquor Act 2007, is not subject to the trading restrictions contained in Part 2 of the Shop Trading Act 2008 (NSW). 3. Costs." 5 The plaintiff obtained an order for short service of the summons on the defendant and an order that the hearing of the summons be expedited and listed, before me, as Duty Judge, for hearing on Wednesday 31 March 2010. 6 I heard the matter on 31 March 2010 and 1 April 2010 and, because of its urgency, gave my decision on the latter day. The summons was dismissed with costs. I reserved the publication of my reasons to a later time. These are the reasons for dismissal of the summons.