Doyalson Wyee RSL Club Ltd & Ors v Liquor Administration Board of NSW & Anor [2007] NSWSC 910

Doyalson Wyee RSL Club Ltd & Ors v Liquor Administration Board of NSW & Anor [2007] NSWSC 910

Section 18(3) of the Gaming Machines Act prevails over s 15(5)(b), so the Board is not required to allocate poker machine entitlements in respect of s 88AF hardship machines. Such machines are instead to be treated as hardship gaming machines under the Act, and any conversion to entitlements can only occur after...

Source-derived case information.

Parties
Plaintiff: Doyalson Wyee RSL Club Limited; Plaintiff: Merrylands Bowling Sporting & Recreational Club Limited; Plaintiff: Lemon Tree Passage Bowling Club Co-Op Ltd; Plaintiff: Erina Rugby League Club Limited; First Defendant: Liquor Administration Board of NSW; Second Defendant: Attorney General of the State of New South Wales
Jurisdiction
Australia
Judgment Date
24 July 2007
Procedural Posture
Summons / Judgment
Outcome
Summons in each matter dismissed with costs
Legal Topics
Poker Machine Entitlements, Gaming Machines Regulation, Statutory Conflict Interpretation, Registered Clubs Hardship Approvals
Administrative Law Statutory Interpretation Liquor & Gaming Law Poker Machine Entitlements Gaming Machines Regulation Statutory Conflict Interpretation Registered Clubs Hardship Approvals

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Parties

Doyalson Wyee RSL Club Limited

Plaintiff

Merrylands Bowling Sporting & Recreational Club Limited

Plaintiff

Lemon Tree Passage Bowling Club Co-Op Ltd

Plaintiff

Erina Rugby League Club Limited

Plaintiff

Liquor Administration Board of NSW

First Defendant

Attorney General of the State of New South Wales

Second Defendant

Procedural Posture

Summons / Judgment

Legal Issues

  1. 1 Whether the Board was obliged under s 15 of the Gaming Machines Act 2001 to allocate poker machine entitlements for s 88AF hardship machines approved under the Registered Clubs Act 1976 during the freeze period.
  2. 2 How to resolve the apparent inconsistency between s 15(5)(b) and s 18(3) of the Gaming Machines Act 2001 as they apply to s 88AF hardship machines.

Ratio Decidendi

Section 18(3) of the Gaming Machines Act prevails over s 15(5)(b), so the Board is not required to allocate poker machine entitlements in respect of s 88AF hardship machines. Such machines are instead to be treated as hardship gaming machines under the Act, and any conversion to entitlements can only occur after following the procedures in s 31.

Court Disposition

Summons in each matter dismissed with costs

Orders

  • The summons in each matter be dismissed with costs.