Narraport Woollahra Holdings Pty Ltd v Ice Box Liquor Pty Ltd [2024] NSWCATAP 240

Narraport Woollahra Holdings Pty Ltd v Ice Box Liquor Pty Ltd [2024] NSWCATAP 240

The Tribunal erred in its treatment of the Vintage Cellars licence, using an inappropriate comparative approach rather than assessing the risks and benefits of the proposed licence on its own merits, contrary to the statutory task under s 48(5) of the Liquor Act. The comparative reasoning was not sanctioned by the statute and affected findings on key risks, requiring the orders to be set aside and the matter remitted for redetermination without reference to the Vintage Cellars comparison.

Parties
First Appellant: Narraport Woollahra Holdings Pty Ltd; Second Appellant: Souffle Pty Ltd; First Respondent: Ice Box Liquor Pty Ltd; Second Respondent: NSW Independent Liquor & Gaming Authority
Jurisdiction
Australia
Judgment Date
22 November 2024
Procedural Posture
Internal Appeal (ncat) / Appeal Panel Decision
Outcome
Orders of the Tribunal set aside. Appeal partly allowed. Matter remitted for reconsideration. Application for stay dismissed.
Legal Topics
Licensing—packaged Liquor Licence, Appeal by Commercial Competitors, Statutory Construction—s 48(5) Liquor Act, Risk Assessment—future Harms, Irrelevant Considerations in Administrative Decisions
Administrative Law Liquor Licensing Licensing—packaged Liquor Licence Appeal by Commercial Competitors Statutory Construction—s 48(5) Liquor Act Risk Assessment—future Harms Irrelevant Considerations in Administrative Decisions

Case Brief

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Parties

Narraport Woollahra Holdings Pty Ltd

First Appellant

Souffle Pty Ltd

Second Appellant

Ice Box Liquor Pty Ltd

First Respondent

NSW Independent Liquor & Gaming Authority

Second Respondent

Procedural Posture

Internal Appeal (ncat) / Appeal Panel Decision

Legal Issues

  1. 1 Whether the Tribunal misconstrued or misapplied the statutory risk assessment under s 48(5) of the Liquor Act and erred in its use of future harms analysis
  2. 2 Whether the Tribunal erred by comparing the proposed licence to the dormant Vintage Cellars licence (irrelevant consideration)
  3. 3 Whether the Tribunal erred in considering the risk of domestic violence by reference to an irrelevant comparator

Ratio Decidendi

The Tribunal erred in its treatment of the Vintage Cellars licence, using an inappropriate comparative approach rather than assessing the risks and benefits of the proposed licence on its own merits, contrary to the statutory task under s 48(5) of the Liquor Act. The comparative reasoning was not sanctioned by the statute and affected findings on key risks, requiring the orders to be set aside and the matter remitted for redetermination without reference to the Vintage Cellars comparison.

Court Disposition

Orders of the Tribunal set aside. Appeal partly allowed. Matter remitted for reconsideration. Application for stay dismissed.

Orders

  • The application for a stay of the Tribunal's orders of 28 June 2024 is dismissed.
  • Leave to appeal is granted on Grounds 1A, 2, and 3.