Screen v J B Sullivan Pty Ltd [2021] NSWCATAP 187

Screen v J B Sullivan Pty Ltd [2021] NSWCATAP 187

Failure to obtain approval from the Authority under s 92(2) of the Liquor Act 2007 (NSW) does not render the lease void; the legislative intent, as discerned in Gnych v Polish Club Ltd, is that the lease remains valid and enforceable despite such failure.

Parties
Appellant: Ian Glenn Screen; Respondent: J B Sullivan Pty Ltd
Jurisdiction
Australia
Judgment Date
28 June 2021
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Liquor Licensing, Lease Validity, Unconscionable Conduct, Statutory Interpretation
Administrative Law Commercial Law Property Law Liquor Licensing Lease Validity Unconscionable Conduct Statutory Interpretation

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Parties

Ian Glenn Screen

Appellant

J B Sullivan Pty Ltd

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the lease of part of licensed premises without approval of the licensing authority is void under s 92(2) of the Liquor Act 2007 (NSW)
  2. 2 Whether the respondent engaged in unconscionable conduct contrary to s 62B of the Retail Leases Act 1994 (NSW)

Ratio Decidendi

Failure to obtain approval from the Authority under s 92(2) of the Liquor Act 2007 (NSW) does not render the lease void; the legislative intent, as discerned in Gnych v Polish Club Ltd, is that the lease remains valid and enforceable despite such failure.

Court Disposition

Appeal dismissed

Orders

  • The Appeal Panel orders that the appeal be dismissed.