George Thomas Hotels (Campsie) Pty Ltd & Anor v Station House Campsie Pty Ltd & Ors [2018] NSWSC 916

Supreme Court New South Wales

Medium Neutral Citation: George Thomas Hotels (Campsie) Pty Ltd & Anor v Station House Campsie Pty Ltd & Ors [2018] NSWSC 916 Hearing dates: 21 May 2018 Date of orders: 13 July 2018 Decision date: 13 July 2018 Jurisdiction: Common Law Before: Bellew J Decision: (1) The proceedings are dismissed. (2) The plaintiffs are to pay the defendants' costs as agreed or assessed. Catchwords: ADMINISTRATIVE LAW – Judicial review – Application for judicial review of decision of Liquor and Gaming Authority to increase gaming machine threshold in hotel premises – Whether hotel premises were situated in the immediate vicinity of a school – Where Authority determined that the hotel premises were not so situated – Where Authority took into account the neighbourhood as a whole – Whether the Authority erred in doing so – Whether the Authority asked itself the wrong question(s) – Whether the reasons of the Authority were inadequate – Whether the decision of the Authority was unreasonable – No error established – Proceedings dismissed

WORDS AND PHRASES – "Immediate vicinity" Legislation Cited: Gaming and Liquor Administration Act 2007 (NSW) Gaming Machines Act 2001 (NSW) Gaming Machines Regulation 2010 Liquor Act 1912 (NSW) Liquor Act 2007 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (2009) 239 CLR 27; [2009] HCA 41 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321; [1990] HCA 33 Buckley v Independent Liquor and Gaming Authority [2016] NSWSC 1533 Co-ordinated Construction Co Pty Ltd v Climatech (Canberra) Pty Ltd [2005] NSWCA 229 Dean v Lewitz (1958) 76 WN (NSW) 349 Ex-parte Godkin; re Fitzmaurice (1969) 90 WN (Pt 1) (NSW) 159 Ex-parte Paton (1929) 30 SR (NSW) 67 Hinton v Lane [2009] NSWSC 37 Lee v Commissioner of Police, NSW Police Force [2017] NSWSC 1849 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24; [1986] HCA 40 Minister for Immigration and Ethnic Affairs v Wu Shang Liang (1996) 185 CLR 259; [1996] HCA 6 Mullens v Norton (1938) VLR 292 Parisienne Basket Shoes Pty Ltd v Whyte (1938) 59 CLR 369; [1938] HCA 7 Timbarra Protection Coalition Inc v Ross Mining NL (1999) 46 NSWLR 55; [1999] NSWCA 8 Texts Cited: Macquarie Concise Dictionary (7th Edition) Oxford Dictionary Category: Principal judgment Parties: George Thomas Hotels (Campsie) Pty Limited – First plaintiff Golden Corridor Management Pty Limited – Second plaintiff Station House Campsie Pty Limited – First defendant Jarrod Peter Smith – Second defendant NSW Independent Liquor and Gaming Authority – Third defendant Representation: Counsel: B A Coles QC – Plaintiffs W G Muddle SC – First and second defendants