Auld v Independent Liquor and Gaming Authority (No. 2) [2017] NSWCATAD 339

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Auld v Independent Liquor and Gaming Authority (No. 2) [2017] NSWCATAD 339 Hearing dates: 27 June 2017 Date of orders: 27 June 2017 Decision date: 27 June 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: (1) No evidence is to be adduced in the proceedings which was not before the Respondent when the Respondent made its determination on or about 14 December 2016, except with the leave of the Tribunal.

(2) The Applicant has leave to adduce the evidence filed under cover of the Applicant's solicitor's letters dated 24 April 2017 and 10 May 2017.

(3) The Independent Liquor & Gaming Authority has leave to adduce the following further evidence:

(a) expert evidence from Dr Christopher Morrison and related material;

(b) updated BOCSAR data statistics, and

(c) an updated response from the NSW Police Catchwords: ADMINISTRATIVE LAW – nature of proceedings statutory construction – leave to adduce further evidence 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: Auld v Independent Liquor and Gaming Authority [2017] NSWCATAD 160 Engelbrecht v Director of Public Prosecutions (NSW) [2016] NSWCA 290 Lacey v AG (Qld) (2011) 242 CLR 573 Macedon Ranges Shire Council v Romsey Hotel (2008) 19 VR 422 Category: Procedural and other rulings Parties: Trent Auld (Applicant) Independent Liquor and Gaming Authority (Respondent) Representation: Counsel: T Howard SC (Applicant) J Emmett (Respondent)