Rogers v The Independent Liquor and Gaming Authority [2019] NSWSC 548

Rogers v The Independent Liquor and Gaming Authority [2019] NSWSC 548

A stay was granted because the plaintiffs established at least a seriously triable issue that the Decision was invalid for denial of procedural fairness, particularly concerning the third and fourth plaintiffs' opportunity to receive material and make submissions before the Authority varied the Hotel's trading hours. Exceptional circumstances and the balance of convenience favoured a stay because operation of the Decision would likely cause substantial weekly economic loss and other business prejudice, and could expose the plaintiffs to criminal sanctions if the Decision were later found invalid, while the public interest concerns did not outweigh those matters on the evidence of reduced...

Jurisdiction
Australia
Judgment Date
14 May 2019
Procedural Posture
Judicial Review / Interlocutory Application for Stay of Administrative Decision
Outcome
Stay granted; final proceedings expedited; costs in the cause.
Legal Topics
['stay of Decision Below' 'procedural Fairness' 'natural Justice' 'legal Unreasonableness' 'public Interest' 'economic Loss' 'extended Trading Authorisation']
['administrative Law' 'liquor Licensing' 'judicial Review'] ['stay of Decision Below' 'procedural Fairness' 'natural Justice' 'legal Unreasonableness' 'public Interest' 'economic Loss' 'extended Trading Authorisation']

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Procedural Posture

Judicial Review / Interlocutory Application for Stay of Administrative Decision

Legal Issues

  1. 1 ['Whether the decision of The Independent Liquor and Gaming Authority varying the extended trading authorisation for the Sydney Junction Hotel should be stayed pending final determination of the judicial review proceedings.' "Whether there was a serious or triable issue that the Authority's decision was invalid for denial of procedural fairness or natural justice." 'Whether exceptional circumstances or the balance of convenience justified a stay, including having regard to economic loss, public interest, and exposure to criminal sanctions if the decision operated.']

Ratio Decidendi

A stay was granted because the plaintiffs established at least a seriously triable issue that the Decision was invalid for denial of procedural fairness, particularly concerning the third and fourth plaintiffs' opportunity to receive material and make submissions before the Authority varied the Hotel's trading hours. Exceptional circumstances and the balance of convenience favoured a stay because operation of the Decision would likely cause substantial weekly economic loss and other business prejudice, and could expose the plaintiffs to criminal sanctions if the Decision were later found invalid, while the public interest concerns did not outweigh those matters on the evidence of reduced...

Court Disposition

Stay granted; final proceedings expedited; costs in the cause.

Orders

  • ['Until further order, the decision of The Independent Liquor and Gaming Authority of 14 September 2018, varying the extended trading authorisation applicable to the Sydney Junction Hotel, Hamilton be stayed.' 'The final proceedings in this matter be expedited.' 'Costs be costs in the cause.']