Evans & Anor v Collins & Ors [2006] NSWSC 427

Poker machine entitlements are neither within the definition of the 'Hotel' nor the 'Licence' as used in the lease, nor are they permits under or endorsements on the licence. There is no serious question to be tried justifying continuation or grant of an injunction.

Parties: First Plaintiff: Gregory Ross Evans; Second Plaintiff: Donald Rex Evans; First Defendant: William Arthur Collins; Second Defendant: Julie Mary Collins; Third Defendant: Liquor Administration Board
Jurisdiction: Australia
Judgment Date: 28 April 2006
Procedural Posture: Injunction Application / Application to Continue Ex Parte Injunction and Grant Further Injunction, Judgment
Outcome: Ex parte injunction dissolved; substantive claims dismissed in part; costs awarded to defendants.
Legal Topics: Licensing, Poker Machine Entitlements, Interpretation of Lease Provisions

Liquor Law Lease Law Licensing Poker Machine Entitlements Interpretation of Lease Provisions

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Parties

Gregory Ross Evans

First Plaintiff

Donald Rex Evans

Second Plaintiff

William Arthur Collins

First Defendant

Julie Mary Collins

Second Defendant

Liquor Administration Board

Third Defendant

Procedural Posture

Injunction Application / Application to Continue Ex Parte Injunction and Grant Further Injunction, Judgment

Legal Issues

1 Whether poker machine entitlements are part of a hotel as defined in a lease
2 Whether poker machine entitlements are permits under or endorsed on a hotel licence as per lease terms

Ratio Decidendi

Court Disposition

Ex parte injunction dissolved; substantive claims dismissed in part; costs awarded to defendants.

Orders

Order dissolving ex parte injunction restraining Liquor Administration Board
Plaintiffs' claims in paragraphs 3 and 4 of the summons dismissed