La La Land Byron Bay Pty Ltd v The Independent Liquor and Gaming Authority [2014] NSWSC 1798

Supreme Court New South Wales

Medium Neutral Citation: La La Land Byron Bay Pty Ltd v The Independent Liquor and Gaming Authority [2014] NSWSC 1798 Hearing dates: 9 December 2014 Decision date: 17 December 2014 Jurisdiction: Common Law Before: Adamson J Decision: (1) Pursuant to UCPR, r 59.10, extend the time to commence the proceedings up to and including 26 November 2013. (2) Dismiss the further amended summons. (3) Dissolve the stay ordered by Bellew J on 27 November 2013. (4) Unless either party makes an application in writing to my Associate within seven days, order the plaintiff to pay the second defendant's costs of the proceedings. Catchwords: ADMINISTRATIVE LAW - challenge to the decision of The Independent Liquor and Gaming Authority to reduce trading hours of the plaintiff's premises from 3am to midnight on Sunday nights - no error shown in reasons - correct test applied - allegations of actual and apprehended bias arising from contact between Authority and Police and public statements made by Chair of Authority - no actual or apprehended bias - Authority was open to persuasion - relevance of decision made by group - members of Authority entitled to form preliminary views about applications based on experience - judicial decision-making not the relevant paradigm

STATUTORY INTERPRETATION - whether "public interest" to be taken into account - importance of objects clause - meaning of "independent" in connection with Authority - whether requirements in s 49(8) of Liquor Act should be read into the Authority's power to vary of its own initiative in s 51(9)(b) - clear statutory wording required to bring about that result