George Thomas Hotels (Campsie) Pty Limited & Anor v Independent Liquor and Gaming Authority & Anor [2017] NSWSC 792

George Thomas Hotels (Campsie) Pty Limited & Anor v Independent Liquor and Gaming Authority & Anor [2017] NSWSC 792

Although the Plaintiffs had standing, the Authority's decision quashed in Buckley included the decision to deem the Removal Application withdrawn. In any event, the deemed withdrawal was inextricably linked to the jurisdictionally erroneous refusal of the GMT Application and was therefore also, in law, no decision at all. The Authority was required to revisit, reconsider and remake its decision on the Removal Application, so the Plaintiffs were not entitled to the declaratory or injunctive relief sought.

Jurisdiction
Australia
Judgment Date
19 June 2017
Procedural Posture
Proceedings for Declaratory and Injunctive Relief Concerning a Liquor Licence Removal Application / Principal Judgment on Amended Summons in the Equity Division Expedition List
Outcome
Amended Summons dismissed.
Legal Topics
['standing' 'jurisdictional Error' 'certiorari' 'deemed Withdrawal of Licence Application' 'construction of Court Orders']
['administrative Law' 'liquor Licensing' 'gaming Regulation'] ['standing' 'jurisdictional Error' 'certiorari' 'deemed Withdrawal of Licence Application' 'construction of Court Orders']

Case Brief

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Procedural Posture

Proceedings for Declaratory and Injunctive Relief Concerning a Liquor Licence Removal Application / Principal Judgment on Amended Summons in the Equity Division Expedition List

Legal Issues

  1. 1 ['Do the Plaintiffs have standing to seek declarations and injunctions in these proceedings?' 'Was "the decision" quashed by Buckley a single decision concerning only the GMT Application, or a composite decision or two separate decisions concerning both the GMT Application and the Removal Application?' 'If "the decision" quashed by Buckley was a single decision concerning only the GMT Application, was the deemed withdrawal of the Removal Application nonetheless infected by jurisdictional error?']

Ratio Decidendi

Although the Plaintiffs had standing, the Authority's decision quashed in Buckley included the decision to deem the Removal Application withdrawn. In any event, the deemed withdrawal was inextricably linked to the jurisdictionally erroneous refusal of the GMT Application and was therefore also, in law, no decision at all. The Authority was required to revisit, reconsider and remake its decision on the Removal Application, so the Plaintiffs were not entitled to the declaratory or injunctive relief sought.

Court Disposition

Amended Summons dismissed.

Orders

  • ['The Amended Summons is dismissed.' 'If costs cannot be agreed, the parties should approach the Associate to have the matter relisted for determination of costs.']