Mullen v Hood [1935] HCA 67

Mullen v Hood [1935] HCA 67

It was within the discretion of the Licensing Court (and not outside its jurisdiction) to renew and remove the liquor licence notwithstanding that the licensed building had been demolished. The Court's power did not depend on the existence of a building at the time of renewal or removal. The giving or acceptance of...

Source-derived case information.

Parties
Appellants, Applicants, Objectors: Mullen and Others; Respondents: Hood and Others; Nominal Respondents: Licensing Court (Metropolitan District) / Members; Nominal Respondent: Chairman, Court of Quarter Sessions (Judge Edwards)
Jurisdiction
Australia
Procedural Posture
Appeal / High Court Appeal From Full Court, Supreme Court of NSW
Outcome
appeal dismissed with costs
Legal Topics
Renewal and Removal of Liquor Licences, Jurisdiction of Licensing Courts, Effect of Demolition of Licensed Building, Undertakings Required on Removal of Licence
Liquor Licensing Law Administrative Law Jurisdiction Renewal and Removal of Liquor Licences Jurisdiction of Licensing Courts Effect of Demolition of Licensed Building Undertakings Required on Removal of Licence

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Summary, issues, holding and outcome

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Parties

Mullen and Others

Appellants, Applicants, Objectors

Hood and Others

Respondents

Licensing Court (Metropolitan District) / Members

Nominal Respondents

Chairman, Court of Quarter Sessions (Judge Edwards)

Nominal Respondent

Procedural Posture

Appeal / High Court Appeal From Full Court, Supreme Court of NSW

Legal Issues

  1. 1 Whether the Licensing Court or Court of Quarter Sessions had jurisdiction to renew or remove a liquor licence when no building stood on the licensed premises
  2. 2 Whether the acceptance of an undertaking by the Court as a condition of order affected the validity of the renewal/removal
  3. 3 Whether a court order for removal is null where the licence was allegedly a nullity due to demolition of premises

Ratio Decidendi

It was within the discretion of the Licensing Court (and not outside its jurisdiction) to renew and remove the liquor licence notwithstanding that the licensed building had been demolished. The Court's power did not depend on the existence of a building at the time of renewal or removal. The giving or acceptance of the undertaking by the licensee as part of the order did not render such order a nullity or outside jurisdiction.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed with costs.
  • Orders nisi for prohibition or certiorari are discharged.