Coote v State of NSW and the Independent Liquor and Gaming Authority [2016] NSWSC 1492

Supreme Court New South Wales

Medium Neutral Citation: Coote v State of NSW and the Independent Liquor and Gaming Authority [2016] NSWSC 1492 Hearing dates: 10 August 2016 Date of orders: 28 October 2016 Decision date: 28 October 2016 Jurisdiction: Common Law Before: Bellew J Decision: 1. The proceedings are dismissed. 2. The plaintiff is to pay the first defendant's costs as agreed or assessed. Catchwords: STATUTORY INTERPRETATION – Application for extended trading hours – Statutory requirement to advertise application by affixing notice to premises – Where notice not fixed for an extended period – Whether the validity of the application depended upon strict compliance with the notice provisions – Whether substantial compliance was sufficient – Proceedings dismissed Legislation Cited: Gaming and Liquor Administration Act 2007 (NSW) Interpretation Act 1987 (NSW) Liquor Act 2007 (NSW) Liquor Regulation 2008 (NSW) Cases Cited: Coordinated Construction Company Pty Limited v Climatech (Canberra) Pty Limited [2005] NSWCA 229 Lloyd v Police (2004) 89 SASR 383; [2004] SASC 278 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Category: Principal judgment Parties: Craig Allan Coote – Plaintiff State of NSW – First defendant The Independent Liquor and Gaming Authority – Second defendant Representation: Counsel: M Robinson SC and S McGee – Plaintiff J Emmett – Second defendant