Auld v Independent Liquor and Gaming Authority [2017] NSWCATAD 160

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Auld v Independent Liquor and Gaming Authority [2017] NSWCATAD 160 Hearing dates: 16 May 2017 Date of orders: 18 May 2017 Decision date: 18 May 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: Hennessy LCM, Deputy President Decision: 1. The Authority's application to join the Secretary, Department of Industry as a party to these proceedings is refused. 2. The Authority's application to adjourn the hearing is granted. 3. The hearing date of 24 May 2017 is vacated. 4. The Authority is directed to give to the Applicant and the Tribunal any further material on which it relies by 23 June 2017. 5. The Applicant is directed to give to the Authority and the Tribunal any further material in reply by 21 July 2017. 6. Parties to advise Registry of estimated length of hearing and suitable dates by 1 June 2017. 7. Any application for costs in relation to the joinder application or thrown away by the adjournment to be determined following the substantive hearing. Catchwords: ADMINISTRATIVE LAW – joinder of parties – where decision maker applies to join Secretary of Department of Industry as a party – administrator's preference is not to be an active party – relevant considerations when determining whether to join a person who is not the decision maker Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2014 (NSW) Gaming and Liquor Administration Act 2007 (NSW) Gaming and Liquor Administration Regulation 2016 (NSW) Liquor Act 2007 (NSW) Cases Cited: Buckley v Independent Liquor & Gaming Authority [2016] NSWSC 760 Commissioner of Police v Fine [2014] NSWCA 327 Macedon Ranges Shire Council v Romsey Hotel Pty Ltd (2008) 19 VR 422 New Broadcasting Ltd v Australian Broadcasting Tribunal (1987) 73 ALR 420 R v Australian Broadcasting Tribunal; Ex parte Hardiman (1980) 144 CLR 13 Re Tascone and Australian Community Pharmacy Authority [2011] AATA 724 Category: Procedural and other rulings Parties: Trent Auld (Applicant) Independent Liquor and Gaming Authority (Respondent) Representation: Solicitors: Hatzis Cusack Lawyers (Applicant) Crown Solicitor (Respondent) File Number(s): 2017/00020211 Publication restriction: Nil