Hinkley v Star City Pty Ltd [2010] NSWSC 1389

New South Wales Supreme Court

CITATION : Hinkley v Star City Pty Ltd [2010] NSWSC 1389

HEARING DATE(S) : 21 October and 26 November 2010

JUDGMENT DATE : 2 December 2010

JURISDICTION : Equity

JUDGMENT OF : Ward J

DECISION : Summons dismissed with costs

CATCHWORDS : ADMINISTRATIVE LAW - whether plaintiff entitled to natural justice in the making of a decision by the first and second defendants (as casino operator and lessee of casino premises respectively) to withdraw any license to enter the casino complex - whether legislation confers a statutory license on members of the public to enter the casino premises - whether, if plaintiff is invalidly excluded by casino operator, the second defendant as lessee could nevertheless lawfully refuse access to him as an invitee of the casino operator - whether contractual entitlement to natural justice - HELD - s 77 of the Casino Control Act 1992 does not provide a statutory codification for the rights of entry of the general public to the casino - any right by a member of the public to enter the casino is pursuant to an implied common law license - first defendant is not obliged in the exercise of its common law proprietary rights to afford natural justice when withdrawing a patron's license to enter the casino or refusing to grant a license to enter the casino - no contractual entitlement to enter or to be afforded natural justice - REAL PROPERTY - degree of possession required to maintain an action in trespass - whether implied easement granted by second defendant in favour of first defendant and its invitees in order to permit them to traverse the non-casino premises - HELD - both defendants had sufficient degree of possession or rights to possession to maintain action in trespass - doctrine of non-derogation from grant applies only to grant of proprietary interests