Flevotomos v Independent Liquor and Gaming Authority (No 2) [2019] NSWCATAD 184

Flevotomos v Independent Liquor and Gaming Authority (No 2) [2019] NSWCATAD 184

Order (2) prohibiting Mr Flevotomos from entering the premises or having involvement with the business is not necessary and does not increase the risk of non-compliance; discipline and compliance can be ensured by the other orders. The correct and preferable decision is to set aside order (2), affirming the remainder.

Jurisdiction
Australia
Judgment Date
20 September 2019
Procedural Posture
Administrative Review / Merits Review, Tribunal Decision
Outcome
Order (2) set aside, remainder affirmed
Legal Topics
['disciplinary Action' 'licence Conditions' 'administrative Review']
['administrative Law' 'liquor Licensing Law'] ['disciplinary Action' 'licence Conditions' 'administrative Review']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Administrative Review / Merits Review, Tribunal Decision

Legal Issues

  1. 1 ['Whether a licence condition prohibiting Mr Flevotomos from attending the premises and involvement with the business is warranted' 'Whether order (2) achieves the objects of the Liquor Act']

Ratio Decidendi

Order (2) prohibiting Mr Flevotomos from entering the premises or having involvement with the business is not necessary and does not increase the risk of non-compliance; discipline and compliance can be ensured by the other orders. The correct and preferable decision is to set aside order (2), affirming the remainder.

Court Disposition

Order (2) set aside, remainder affirmed

Orders

  • ['Order (2) in the decision of the Independent Liquor and Gaming Authority made on 20 March 2019 is set aside.' 'The decision under review is otherwise affirmed.']