Sarah Rachael Lewis & Anor v Director-General Department of Trade & Investment, Regional Infrastructure and Services [2012] NSWSC 1044

Supreme Court New South Wales

Medium Neutral Citation: Sarah Rachael Lewis & Anor v Director-General Department of Trade & Investment, Regional Infrastructure and Services [2012] NSWSC 1044 Hearing dates: 30.08.12 Decision date: 31 August 2012 Before: Nicholas J Decision: Pars 27-29 Catchwords: ADMINISTRATIVE LAW - Liquor Act 2007 - proposed variations to precinct liquor accord - whether variations likely to affect conditions of liquor license - licensee invited to make submissions - whether procedural fairness to enable licensee to contest approval of variations required provision of data upon summaries of which the Director-General intended to rely - legislation considered - Liquor Act 2007 ss 136A(1), 136B(1), 136D(1), (3), 136E(1) Legislation Cited: Liquor Act 2007 Cases Cited: Annetts v McCann [1990] HCA 57; (1990) 170 CLR 596 Mahon v Air New Zealand [1984] AC 808 Minister for Immigration and Citizenship v Maman [2012] FCAFC 13; (2012) 200 FCR 30 Smith v Director of Liquor and Gaming [2009] NSWSC 837 Category: Interlocutory applications Parties: Sarah Rachael Lewis - first plaintiff KX Operations Pty Ltd - second plaintiff Director-General Department of Trade & Investment, Regional Infrastructure and Services Representation: Counsel: M Leeming SC/D Klineberg - plaintiffs S Lloyd SC/M Izzo - defendant Solicitors: Bulford Legal Pty Ltd - plaintiffs Crown Solicitor - defendant File Number(s): 12/268223