NSW Caselaw
New South Wales Supreme Court
CITATION : Sunset Investments Pty Ltd v Casino Liquor and Gaming Control Authority [2010] NSWSC 1411 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 3 December 2010
JUDGMENT DATE : 9 December 2010
JURISDICTION : ADMINISTRATIVE LAW LIST
JUDGMENT OF : Davies J
DECISION : (1) A declaration that Nightclub Licence Serial Number 24006572 issued pursuant to the provisions of the Liquor Act 1982 in respect of premises known as Adrenalin Sports Bar situated at 76 Grafton Street, Coffs Harbour was in force at 30 June 2008. (2) A declaration that the purported decision of the delegate of the Liquor Administration Board on 2 April 2005 to accept the surrender of the Licence was arrived at without according procedural fairness to the Plaintiff and is consequently invalid. (3) An order quashing the decision or the purported decision of the delegate of the Liquor Administration Board of 2 April 2005 to accept the surrender of the Licence.
CATCHWORDS : ADMINISTRATIVE LAW - judicial review - denial of procedural fairness - liquor licence - surrender of - application made by licensee without notice to the owner of the premises - no notice given by Liquor Administration Board - right of owner of premises to be heard - decision voidable.
LEGISLATION CITED : Liquor Act 1982 Liquor Act 2007
CATEGORY : Principal judgment
Darling Casino Ltd v NSW Casino Control Authority (1997) 191 CLR 602 Forbes v New South Wales Trotting Club Ltd (1999) 143 CLR 242 CASES CITED : Jabetim Pty Ltd v Liquor Administration Board (2005) 63 NSWLR 602 Kioa v West (1985) 159 CLR 550 Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 Tooheys Ltd v Housing Commission of New South Wales (1953) 53 SR (NSW) 407
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