Kirk v Independent Liquor and Gaming Authority; Ashton v Independent Liquor and Gaming Authority [2016] NSWCATAD 64

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kirk v Independent Liquor and Gaming Authority; Ashton v Independent Liquor and Gaming Authority [2016] NSWCATAD 64 Hearing dates: 14 March 2016 Date of orders: 08 April 2016 Decision date: 08 April 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: Hennessy LCM, Deputy President Decision: 1. The application made by Mr Kirk in proceedings 1510778 is dismissed. 2. The applications made by Mr Ashton, Mr Levy, Mr Teale, Mr Du Chesne, Mr Whitney, Mr McKew and Mr Ashton Snr in proceedings 1510779 are dismissed. Catchwords: JURISDICTION – decision that ex-officer bearers of registered club not fit and proper persons to hold office –decision as to disciplinary action pending – whether applicants have standing to apply for administrative review of the decision as to fitness and propriety – whether Tribunal has jurisdiction to entertain the application Legislation Cited: Administrative Decisions Review Act 1997 (NSW) s 9 Civil and Administrative Tribunal Act 2013 (NSW) s 30 and s 55(1)(b) Interpretation Act 1987 (NSW), s 35 Liquor Act 2007 (NSW) Registered Clubs Act 1976 (NSW), ss 57E, 57F, 57G, 57H, 57I, 57J, 57K and 57L Cases Cited: Allan v Transurban Link Pty Ltd (2001) 208 CLR 167 Australian Education Union v Department of Education and Children's Services [2012] HCA 3 CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384 Khatri v Price [1999] FCR 1289 Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355 Registrar of Titles (WA) v Franzon [1975] 132 CLR 611 Category: Principal judgment Parties: File: 1510778 Anthony Kirk (Applicant) Independent Liquor and Gaming Authority (Respondent)