LISAFA HOLDINGS PTY LTD v THE GAMING TRIBUNAL AND ANOR [1992] NSWCA 138

LISAFA HOLDINGS PTY LTD v THE GAMING TRIBUNAL AND ANOR [1992] NSWCA 138

The Court declined to intervene or make the relief sought, holding that it is for the Gaming Tribunal to decide, at the hearing, whether the requirements of natural justice are satisfied within the statutory five-day period; the Court should not pre-empt the Tribunal's assessment or decision on that day.

Parties
Claimant: Lisafa Holdings Pty Ltd; First Opponent: The Gaming Tribunal; Second Opponent: Mr George Henry Taylforth
Jurisdiction
Australia
Judgment Date
21 February 1992
Procedural Posture
Application/summons / Court of Appeal Decision on Application for Interim Relief
Outcome
Application dismissed with costs.
Legal Topics
Natural Justice, Interim Declarations Under Gaming and Betting Act 1912, Procedural Fairness
Administrative Law Gaming Law Natural Justice Interim Declarations Under Gaming and Betting Act 1912 Procedural Fairness

Case Brief

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Parties

Lisafa Holdings Pty Ltd

Claimant

The Gaming Tribunal

First Opponent

Mr George Henry Taylforth

Second Opponent

Procedural Posture

Application/summons / Court of Appeal Decision on Application for Interim Relief

Legal Issues

  1. 1 Whether the claimant is being afforded a fair hearing before the Gaming Tribunal as required by natural justice.
  2. 2 Whether the statutory period under s28(2) of the Gaming and Betting Act 1912 is adequate for preparation of the claimant's case.
  3. 3 Whether this court should intervene or pre-empt the decision of the Tribunal.

Ratio Decidendi

The Court declined to intervene or make the relief sought, holding that it is for the Gaming Tribunal to decide, at the hearing, whether the requirements of natural justice are satisfied within the statutory five-day period; the Court should not pre-empt the Tribunal's assessment or decision on that day.

Court Disposition

Application dismissed with costs.

Orders

  • Proceeding dismissed with costs.