Palate Hotel Pty Limited v Independent Liquor and Gaming Authority [2012] NSWSC 1654
The statutory concept of approval under Clause 52(1) refers to the approval date as issued, not contingent on satisfaction of conditions; thus, approval expires on the tenth anniversary of the date of approval letter, not from a later, conditional date.
- Parties
- First Plaintiff: Palate Hotel Pty Limited ACN 159 081 633; Second Plaintiff: Kiara Jade Salmon; Defendant: Independent Liquor and Gaming Authority
- Jurisdiction
- Australia
- Judgment Date
- 20 December 2012
- Procedural Posture
- Summons / Final Determination
- Outcome
- Summons dismissed with costs
- Legal Topics
- Statutory Construction, Gaming Machines Act 2001, Approval Expiry, Hardship Gaming Machines
Case Brief
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Parties
Palate Hotel Pty Limited ACN 159 081 633
First Plaintiff
Kiara Jade Salmon
Second Plaintiff
Independent Liquor and Gaming Authority
Defendant
Procedural Posture
Summons / Final Determination
Legal Issues
- 1 Statutory construction of 'approval' under Clause 52 of Schedule 1 of the Gaming Machines Act 2001
- 2 When does an approval to keep hardship gaming machines take effect?
- 3 Does approval expiry depend on when it is lawful to keep machines due to satisfaction of conditions?
Ratio Decidendi
The statutory concept of approval under Clause 52(1) refers to the approval date as issued, not contingent on satisfaction of conditions; thus, approval expires on the tenth anniversary of the date of approval letter, not from a later, conditional date.
Court Disposition
Summons dismissed with costs
Orders
- Summons dismissed with costs
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