Hinkley v Star City Pty Ltd [2010] NSWSC 1389

Hinkley v Star City Pty Ltd [2010] NSWSC 1389

The right of entry to the Star City complex is not a statutory right but a common law licence, revocable at the casino operator's discretion; such withdrawal does not oblige the operator to afford procedural fairness; contractual or proprietary entitlements to entry or natural justice were not established; neither statutory construction nor public policy requires a natural justice procedure for exclusion in these circumstances; therefore the withdrawal of the licence and the associated Notice were valid and not in breach of procedural fairness requirements.

Jurisdiction
Australia
Judgment Date
02 December 2010
Procedural Posture
Final Determination of an Originating Process (summons) in Equity / Judgment After Early Final Hearing
Outcome
Summons dismissed with costs
Legal Topics
['natural Justice and Procedural Fairness' 'statutory Licensing' 'common Law Licences' 'casino Regulation' 'possession and Trespass' 'implied Easements']
['administrative Law' 'property Law'] ['natural Justice and Procedural Fairness' 'statutory Licensing' 'common Law Licences' 'casino Regulation' 'possession and Trespass' 'implied Easements']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Final Determination of an Originating Process (summons) in Equity / Judgment After Early Final Hearing

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to natural justice in relation to a decision by casino operator/lessee to withdraw a licence to enter casino premises' 'Whether legislation (Casino Control Act 1992) confers a statutory licence to enter casino premises on the public' 'Whether withdrawal of the licence was valid or required procedural fairness' 'Whether a contractual or proprietary right exists to entry or natural justice' "Whether the casino operator's right of exclusion must be exercised in a manner consistent with statutory powers under s 79" 'Whether the lessee (Casino Properties) can exclude invitees of the casino operator from premises']

Ratio Decidendi

The right of entry to the Star City complex is not a statutory right but a common law licence, revocable at the casino operator's discretion; such withdrawal does not oblige the operator to afford procedural fairness; contractual or proprietary entitlements to entry or natural justice were not established; neither statutory construction nor public policy requires a natural justice procedure for exclusion in these circumstances; therefore the withdrawal of the licence and the associated Notice were valid and not in breach of procedural fairness requirements.

Court Disposition

Summons dismissed with costs

Orders

  • ['Summons dismissed with costs']