Rogers v The Independent Liquor and Gaming Authority (No 2) [2018] NSWSC 1177

Supreme Court New South Wales

Medium Neutral Citation: Rogers v The Independent Liquor and Gaming Authority (No 2) [2018] NSWSC 1177 Hearing dates: 12 July 2018 Date of orders: 01 August 2018 Decision date: 01 August 2018 Jurisdiction: Common Law Before: Schmidt J Decision: (1) The 13 June 2018 decision of the Independent Liquor and Gaming Authority varying the extended trading authorisation of the Sydney Junction Hotel is invalid and accordingly, set aside.

(2) Unless the parties approach within 7 days the Commissioner of Police is to bear Mr Rogers and Mr Boland's costs, as agreed or assessed. Catchwords: ADMINISTRATIVE LAW – liquor licensing – challenge to the decision of the Independent Liquor and Gaming Authority to vary extended trading authorisation – where Authority varied licence of own initiative – whether Authority's decision is invalid for failure to comply with statutory requirements contained in s 51(13) of Liquor Act 2007 (NSW) – whether plaintiffs denied procedural fairness – whether plaintiffs denied merits review before NCAT because Authority made a decision to vary extended trading authorisation on own initiative – where statutory requirements not complied with –procedural unfairness – decision invalid – costs Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Gaming and Liquor Administration Act 2007 (NSW) Gaming and Liquor Administration Regulation 2016 (NSW) Liquor Act 2007 (NSW) Liquor Regulation 2008 (NSW) Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (NT) (2009) 239 CLR 27; [2009] HCA 41 Boyce v Allianz Australia Insurance Ltd [2018] NSWCA 22 Commissioner of Taxation v Comcorp Australia Ltd (1996) 70 FCR 356 Duffy v Independent Liquor and Gaming Authority [2016] NSWSC 1062 Forrest & Forrest Pty Ltd v Wilson (2017) 346 ALR 1; [2017] HCA 30 Kioa v West (1985) 159 CLR 550; [1985] HCA 81 La La Land Byron Bay Pty Limited v The Independent Liquor and Gaming Authority [2015] NSWCA 254 La La Land Byron Bay Pty Ltd v The Independent Liquor and Gaming Authority [2014] NSWSC 1798 Minister for Immigration and Ethnic Affairs v Liang (1996) 185 CLR 259; [1996] HCA 6 Minister for Immigration and Border Protection v WZARH (2015) 256 CLR 366; [2015] HCA 40 Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1; [2003] HCA 6 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82; [2000] HCA 57 Rogers v The Independent Liquor and Gaming Authority [2018] NSWSC 1014 Thiess v Collector of Customs (2014) 250 CLR 664; [2014] HCA 12 Category: Principal judgment Parties: Campbell Myles Rogers (First Plaintiff) Ross Alexander Boland (Second Plaintiff) The Independent Liquor and Gaming Authority (First Defendant) Commissioner of NSW Police (Second Defendant) Representation: Counsel: Mr WG Muddle SC (Plaintiffs) Mr S Robertson with Ms A Zheng, counsel (Second Defendant)