Director-General, Department of Trade & Investment, Regional Infrastructure and Services v Lewis [2012] NSWCA 436

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Director-General, Department of Trade & Investment, Regional Infrastructure and Services v Lewis [2012] NSWCA 436 Hearing dates: 12 September 2012 Decision date: 12 September 2012 Before: McColl JA at [1], Meagher JA at [135], Sackville AJA at [136] Decision: (1) To the extent leave to appeal is required, grant leave to appeal. (2) Direct the appellant to file a notice of appeal in terms of the draft in the White Book within seven days. (3) Appeal allowed. (4) Set aside the orders of the court below made on 31 August 2012. (5) Order the respondent to pay the costs of this appeal and of the application for leave to appeal. (6) Order the respondents to pay the appellant's costs in the court below. (7) Order that the summons in the court below be dismissed. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: ADMINISTRATIVE LAW - judicial review - procedural fairness - duty to accord - proposal to vary terms of precinct liquor accord pursuant to Liquor Act 2007 - where decision whether to vary to be based on report - where source materials for report not to be before decision maker - whether obligation of procedural fairness required respondent licensees be given source materials on which report based