O'Hara v Independent Liquor & Gaming Authority [2014] NSWSC 880

Supreme Court New South Wales

Medium Neutral Citation: O'Hara v Independent Liquor & Gaming Authority [2014] NSWSC 880 Hearing dates: 27 June 2014 Decision date: 16 July 2014 Jurisdiction: Common Law Before: Davies J Decision: 1. Extend time to commence proceedings to 13 February 2014. 2. Dismiss the Amended Summons. 3. The Plaintiffs to pay the Defendants' costs. Catchwords: ADMINISTRATIVE LAW - judicial review - decision of Independent Liquor and Gaming Authority - application to increase gaming machine threshold at venue - whether Authority had a fixed rule for the local government area - whether prejudgment - speech by Chairman immediately following determination discussing the application - Chairman expresses personal views about gambling and gaming machines - whether apprehended bias - reasons for determination - not statutorily mandated - reasons prepared later by consultant to the Authority - reasons going beyond discussions at meeting where application determined - whether top down ex post facto reasoning - reasons approved by four of five members of Authority - one member had retired - whether her absence invalidated reasons - effect of invalidating reasons on determination made Legislation Cited: Administrative Law Act 1978 (Vic) Gaming and Liquor Administration Act 2007 (NSW) Gaming Machines Act 2001 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Carroll v Sydney City Council (1989) 15 NSWLR 541 McGovern v Ku-ring-gai Council [2008] NSWCA 209; (2008) 72 NSWLR 504 Michael Wilson & Partners Limited v Nicholls [2011] HCA 48; (2011) 244 CLR 427 Minister for Immigration, Local Government and Ethnic Affairs v Taveli (1990) 23 FCR 162 Minister for Immigration & Multicultural Affairs v Jia Legeng [2001] HCA 17; (2001) 205 CLR 507 Rendell v Release on Licence Board (1987) 10 NSWLR 499 Sherlock v Lloyd [2010] VSCA 122; (2010) 27 VR 434 Texts Cited: M Aronson and M Groves, Judicial Review of Administrative Action (5th ed, 2013, Thompson Reuters) Category: Principal judgment Parties: Daniel O'Hara (First Plaintiff) Campbell Rogers (Second Plaintiff) Independent Liquor & Gaming Authority (First Defendant) Attorney-General in and for the State of New South Wales (Second Defendant) Representation: Counsel: J M Ireland QC (Plaintiffs) Submitting Appearance (First Defendant) P Herzfeld (Second Defendant) Solicitors: McGirr Lawyers (Plaintiffs) Crown Solicitors Office (First and Second Defendants) File Number(s): 2014/46226