Rogers v The Independent Liquor and Gaming Authority [2018] NSWSC 1014

Rogers v The Independent Liquor and Gaming Authority [2018] NSWSC 1014

The application for interlocutory relief is refused because the plaintiffs are unlikely to succeed and the staffing and financial consequences do not appear particularly detrimental in light of the short delay until the matter may be finally heard.

Jurisdiction
Australia
Judgment Date
29 June 2018
Procedural Posture
Interlocutory Application / Decision on Application for Interlocutory Order
Outcome
Application for interlocutory relief refused
Legal Topics
['liquor Licensing' 'procedural Fairness' 'merits Review' 'interlocutory Relief']
['administrative Law'] ['liquor Licensing' 'procedural Fairness' 'merits Review' 'interlocutory Relief']

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Procedural Posture

Interlocutory Application / Decision on Application for Interlocutory Order

Legal Issues

  1. 1 ["Whether the Authority's decision to vary the Extended Trading Authorisation was made contrary to procedural fairness" "Whether NCAT had jurisdiction to review the Authority's decision under s 13A of the Gaming and Liquor Administration Act 2007" 'Whether interlocutory relief should be granted to restrain the Authority from enforcing its decision']

Ratio Decidendi

The application for interlocutory relief is refused because the plaintiffs are unlikely to succeed and the staffing and financial consequences do not appear particularly detrimental in light of the short delay until the matter may be finally heard.

Court Disposition

Application for interlocutory relief refused

Orders

  • ['The application to restrain the defendants from enforcing or otherwise acting upon the decision of the Independent Liquor and Gaming Authority of 13 June 2018 to vary the Extended Trading Authorisation for the Sydney Junction Hotel at Hamilton until further order of the court is refused.' 'The matter is listed for...