Brandon Lynch v Independent Liquor & Gaming Authority [2017] NSWSC 513

Supreme Court New South Wales

Medium Neutral Citation: Brandon Lynch v Independent Liquor & Gaming Authority [2017] NSWSC 513 Hearing dates: 26 April 2017 Decision date: 03 May 2017 Before: Sackar J Decision: See para [32] Catchwords: Statutory construction; relationship between section 59 and section 61 of the Liquor Act 2007 (NSW); meaning of dispossessed licensee. Legislation Cited: Liquor Act 2007 (NSW) Cases Cited: Alcan (NT) Alumina v Commissioner of Territory Revenue (2009) 239 CLR 27 Federal Commissioner of Taxation v Consolidated Media Holdings (2012) 250 CLR 503 Project Blue Sky v Australian Broadcasting Authority (1988) 194 CLR 355 Category: Principal judgment Parties: Brandon Bernard Lynch (first plaintiff) Helen Catherine Lynch (second plaintiff)

Independent Liquor & Gaming Authority (first defendant) State of New South Wales (second defendant) Representation: Counsel: Ms B Nolan (plaintiffs) J S Emmett (second defendant) Ms C Lin (third defendant)

Solicitors: Koutzoumis Lawyers Crown Solicitor (second defendant) Gregory Falk & Associates (third defendant) File Number(s): 2016/289603 Publication restriction: n/a

Judgment 1. By an amended summons of 19 December 2016 the plaintiffs seek an order in the nature of certiorari setting aside the decision of the first defendant to refuse the first plaintiff's application made pursuant to section 59 of the Liquor Act 2007 (NSW) (the Act) to transfer the hoteliers licence LIQH 4001060776 relating to the Town and Country Hotel to alternative premises in Marrickville (Section 59 Application). Further the plaintiffs seek an order in the nature of mandamus that the first defendant decide the Section 59 Application according to law.