Von Furstenrecht v Independent Liquor and Gaming Authority [2019] NSWCATAD 78

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Von Furstenrecht v Independent Liquor and Gaming Authority [2019] NSWCATAD 78 Hearing dates: 6 March 2019 and 25 March 2019 Date of orders: 02 May 2019 Decision date: 02 May 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Decision: The first respondent's decisions are set aside and, in substitution for those decisions, the Tribunal determines to make no order under s 116G of the Liquor Act 2007 (NSW). Catchwords: ADMINISTRATIVE REVIEW – Long term banning orders – Where applicant is a former licensee and a hotel owner – Where applicant assaulted man not far from the hotel he owns - Whether preconditions for making banning orders met - Whether the victim of the assault was affected by alcohol – Whether applicant was performing services on the hotel premises at the time of the offence – Discretionary considerations Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Crimes Act 1900 (NSW) Liquor Act 2007 (NSW) Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (Northern Territory) (2009) 239 CLR 27 Aporo v Minister for Immigration and Citizenship (2009) 113 ALD 46; [2009] FCAFC 123 Bradshaw v McEwans Pty Ltd (1951) 217 ALR 1 Bronze Wing Ammunition v Safe Work New South Wales (No. 2) [2016] NSWSC 988 Bushell v Repatriation Commission [1992] HCA 47; (1992) 175 CLR 408 Comcare v Power (2015) 149 ALD 286; [2015] FCA 1502 Commissioner of Police, NSW Police Force v Monastirski [2017] NSWCATAP 225 Lithgow City Council v Jackson (2011) 244 CLR 352 Magerovski v Commissioner for Fair Trading, Department of Finance, Services and Innovation; Service Today NSW v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2018] NSWCATAD 192 Marshall v Prescott [2015] NSWCA 110 McDonald v Director-General of Social Security [1984] FCA 591; (1984) FCR 354 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Monastirski v Independent Liquor & Gaming Authority [2017] NSWCATAD 115 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; (2006) 228 CLR 152 Seltsam Pty Ltd v McGuiness (2000) 49 NSWLR 262 TB v New South Wales [2015] NSWSC 575 Category: Principal judgment Parties: Adam Micola von Furstenrecht (Applicant) Independent Liquor and Gaming Authority (First Respondent) Commissioner of Police, NSW Police Force (Second Respondent) Representation: Counsel: Mr A Jordan Mr H El Hage (Second Respondent)