Buckley & Anor v Independent Liquor and Gaming Authority & Anor [2016] NSWSC 1533

Supreme Court New South Wales

Medium Neutral Citation: Buckley & Anor v Independent Liquor and Gaming Authority & Anor [2016] NSWSC 1533 Hearing dates: 25 July 2016 Decision date: 02 November 2016 Jurisdiction: Common Law - Administrative Law Before: N Adams J Decision: (1) Quash the decision made by the Independent Liquor and Gaming Authority on 17 December 2015. (2) Remit the first plaintiff's application to the Independent Liquor and Gaming Authority to be determined according to law. (3) The second defendant is to pay the plaintiffs' costs. Catchwords: ADMINISTRATIVE LAW - application for judicial review of decision of the Independent Liquor and Gaming Authority refusing a gaming machine threshold increase application – where Authority determined the proposed new hotel was in the "immediate vicinity" of a nearby primary school - whether Authority erred in failing to refer to the conflicting evidence and to explain its reasoning process – whether Authority took into account an irrelevant consideration – whether Authority erred in assessing "immediate vicinity" by reference to lot boundary

WORDS AND PHRASES – "immediate vicinity" Legislation Cited: Gaming and Liquor Administration Act 2007, s 36C Gaming and Liquor Administration Regulation 2008, cl 5B Gaming and Liquor Administration Regulation 2016 (NSW), cl 7(d) Gaming Machines Act 2001 (NSW), ss 4, 32(4), 34 Gaming Machines Regulation 2010 (NSW), cl 36(1)(b) Liquor Act 1912 (NSW) Liquor Act 2007 (NSW), ss 4, 34, 45(2), 59 Motor Accidents Compensation Act 1999 (NSW) Supreme Court Act 1970, s 69 Uniform Civil Procedure Rules 2005 (NSW), rr 6.24(1), 59.9(3) Suitors Fund Act 1951 (NSW), s 6(1) Cases Cited: Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 at 441 Buckley v Independent Liquor and Gaming Authority [2016] NSWSC 760 Dean v Lewitz (1958) 76 WN (NSW) 349 Ex parte Godkin; Re FitzMaurice (1969) WN (NSW) 159 Ex parte Paton (1929) 30 SR (NSW) 67 Hinton v Lane [2009] NSWSC 37 Insurance Australia Ltd t/a NRMA Insurance v Milton [2016] NSWCA 156 Insurance Australia Ltd t/a NRMA Insurance v Milton (No 2) [2016] NSWCA 173 MacPherson v Invercargill Licensing Trust [1944] NZLR 692 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259; [1996] HCA 6 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323; [2001] HCA 30 Mullins v Norton [1938] VLR 292 R v Minister for Health; Ex parte Tillys Pty Ltd [1967] WAR 60 Soulemezis v Dudley (Holdings) (1987) 10 NSWLR 247 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 303 ALR 64; 88 ALJR 52, [2013] HCA 43 Zahed v IAG Limited t/as NRMA Insurance [2016] NSWCA 55 Category: Principal judgment Parties: Neville John Buckley (First Plaintiff) Station House Campsie Pty Limited (Second Plaintiff) Independent Liquor and Gaming Authority (First Defendant) Secretary of the Department of Justice (Second Defendant) Representation: Counsel: Mr W G Muddle SC (First and Second Plaintiffs) Mr J S Emmett with Mr H Grace (Second Defendant)