Sergeant John Lawrie v Tameeka Pty Ltd [2015] NSWSC 1513

Supreme Court New South Wales

Medium Neutral Citation: Sergeant John Lawrie v Tameeka Pty Ltd [2015] NSWSC 1513 Hearing dates: 29 October 2014 Date of orders: 16 October 2015 Decision date: 16 October 2015 Jurisdiction: Common Law Before: Rothman J Decision: 1) Appeal allowed in part;

2) Cross-appeal allowed in part;

3) The appeal by Sergeant John Lawrie against the dismissal of the charges in Counts 1, 2, and 8 be upheld;

4) The appeal against the dismissal of the charge in Count 3 be dismissed;

5) The appeal against the dismissal of the charges in relation to Counts 4 and 5 be upheld;

6) The cross-appeal in relation to the conviction of Tameeka Pty Ltd against conviction in relation to Count 7 be upheld;

7) The cross-appeal in relation to the conviction in relation to Count 6 be dismissed;

8) To the extent that the appeal and/or cross-appeal has been upheld, the decision of the learned Magistrate be set aside;

9) The Court will separately hear the parties on the question of costs, if any, and the form of any formal order;

10) Proceedings remitted to the Magistrate in the Local Court of New South Wales to be dealt with in accordance with law. Catchwords: APPEAL – appeal and cross-appeal from Local Court – offences under Liquor Act 2007 – interpretation of licence conditions – meaning of 'nightclub', 'residential premises' and ss 66 and 69 of the Liquor Act 2007 Legislation Cited: Crimes (Appeal and Review) Act 2001 Interpretation Act 1987 Liquor Act 1982 Liquor Act 2007 Cases Cited: Attorney General for the State of New South Wales v X [2000] NSWCA 199; (2000) 49 NSWLR 653 Australian Gas Light Company v Valuer-General (1940) 40 SR (NSW) 126 Collector of Customs v Agfa-Gevaert Ltd [1996] HCA 36; (1996) 186 CLR 389 Collector of Customs v Pressure Tankers Pty Ltd and Pozzolanic Enterprises Pty Ltd [1993] FCA 322; (1993) 43 FCR 280 Krishna v DPP (NSW) [2007] NSWCCA 318 Kostas v HIA Insurance Services Pty Ltd [2010] HCA 32; (2010) 241 CLR 390 Project Blue Sky v Australian Broadcasting Authority [1998] HCA 28: (1998) 194 CLR 345 R v R (1989) 44 A Crim R 404 Williams v The Queen [1986] HCA 88; (1986) 161 CLR 278 Category: Principal judgment Parties: Sergeant John Lawrie (Plaintiff/Appellant) Tameeka Pty Ltd (Defendant/Respondent) Representation: Counsel: H. El-Hage (Plaintiff/Appellant) T. Lynch (Defendant/Respondent)