MJ Trading Services Pty Ltd v Independent Liquor & Gaming Authority [2018] NSWCATAD 260

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: MJ Trading Services Pty Ltd v Independent Liquor & Gaming Authority [2018] NSWCATAD 260 Hearing dates: 22 August 2018 Date of orders: 08 November 2018 Decision date: 08 November 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior member Decision: The decision of the respondent on 26 March 2018 to refuse to grant the applicant a packaged liquor licence is affirmed. Catchwords: ADMINISTRATIVE REVIEW – application for packaged liquor licence – whether premises are a 'general store' – meaning of 'in the neighbourhood' – whether no other take-away liquor service reasonably available to the public. Legislation Cited: Gaming and Liquor Administration Act 2007 Gaming and Liquor Administration Regulation 2016 Liquor Act 2007 (NSW) Liquor Regulation 2008 Cases Cited: Armstrong v Edgecock (1984) 2 NSWLR 536 Australian Education Union v Department of Education and Children's Services (2012) 248 CLR 1 Cross v McHugh [1974] 1 NSWLR 500 Hastings Co-operative Ltd v Port Macquarie Hastings Council [2009] NSWCA 400 Maryland Development Co Pty Ltd v Penrith City Council & Anor [2001] NSWLEC 135 Mine Subsidence Board v Wambo Coal Pty Ltd [2007] NSWCA 137 Morgan v Goodall (1985) 2 NSWLR 655 State of Chamber of Commerce and Industry and Anors v Cth of Australia (1987) 163 CLR 329 Texts Cited: Macquarie Dictionary Online Pearce & Geddes "Statutory Interpretation in Australia", 6th ed. (2006), Chatswood, Category: Principal judgment Parties: MJ Trading Services Pty Ltd (Applicant) Independent Liquor & Gaming Authority (Respondent) Representation: Solicitors: Garry Seo & Associates (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s): 2018/00125399 Publication restriction: Nil