BEAN v DJUKIC and ANOR [1997] NSWCA 43

BEAN v DJUKIC and ANOR [1997] NSWCA 43

The Licensing Court did not err in law; it properly considered the public interest and balanced the relative convenience to the public in both locations, consistent with High Court authority. Dowd J incorrectly excluded considerations of convenience and thus his orders must be set aside.

Parties
Appellant: Gary Bean; First Respondent: Dushan Djukic; Second Respondent: Licensing Court of NSW
Jurisdiction
Australia
Judgment Date
05 December 1997
Procedural Posture
Civil Appeal / Court of Appeal Decision
Outcome
Appeal allowed. Orders of Dowd J set aside. Decision of Licensing Court reinstated.
Legal Topics
Removal of Licence, Public Interest, Statutory Interpretation
Administrative Law Liquor Licensing Removal of Licence Public Interest Statutory Interpretation

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 2 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Gary Bean

Appellant

Dushan Djukic

First Respondent

Licensing Court of NSW

Second Respondent

Procedural Posture

Civil Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether the Licensing Court correctly applied the public interest test for removal of an off-licence (retail) within the same neighbourhood under the Liquor Act 1982.
  2. 2 Whether the Licensing Court erred by excluding considerations of convenience and amenity in light of s45(2) and s57(4) of the Liquor Act.

Ratio Decidendi

The Licensing Court did not err in law; it properly considered the public interest and balanced the relative convenience to the public in both locations, consistent with High Court authority. Dowd J incorrectly excluded considerations of convenience and thus his orders must be set aside.

Court Disposition

Appeal allowed. Orders of Dowd J set aside. Decision of Licensing Court reinstated.

Orders

  • Appeal allowed.
  • Orders of Dowd J set aside.