The Griffith Hotel Pty Ltd and anor v Independent Liquor and Gaming Authority [2021] NSWSC 933

The Griffith Hotel Pty Ltd and anor v Independent Liquor and Gaming Authority [2021] NSWSC 933

The defendant’s delay in determining the gaming machine entitlement applications was unreasonable, despite plaintiffs’ prompt compliance with all requisitions. Plaintiffs were effectively forced to commence proceedings. As the delay was unjustified and the conduct of the defendant unreasonable, discretion should be exercised so the defendant pays the plaintiffs’ costs.

Jurisdiction
Australia
Judgment Date
03 August 2021
Procedural Posture
Application for Judicial Review / Costs Determination / Post Approval, Costs Order After Discontinuance
Outcome
Defendant to pay plaintiffs' costs as agreed or assessed.
Legal Topics
['costs' 'mandamus' 'delay in Administrative Decision Making' 'discontinuance of Proceedings']
['administrative Law' 'civil Procedure'] ['costs' 'mandamus' 'delay in Administrative Decision Making' 'discontinuance of Proceedings']

Case Brief

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Procedural Posture

Application for Judicial Review / Costs Determination / Post Approval, Costs Order After Discontinuance

Legal Issues

  1. 1 ['Whether the plaintiffs are entitled to costs after discontinuing proceedings commenced due to delay by the defendant in determining applications for gaming machine entitlements']

Ratio Decidendi

The defendant’s delay in determining the gaming machine entitlement applications was unreasonable, despite plaintiffs’ prompt compliance with all requisitions. Plaintiffs were effectively forced to commence proceedings. As the delay was unjustified and the conduct of the defendant unreasonable, discretion should be exercised so the defendant pays the plaintiffs’ costs.

Court Disposition

Defendant to pay plaintiffs' costs as agreed or assessed.

Orders

  • ["The defendant is to pay the plaintiffs' costs as agreed or assessed."]