The Griffith Hotel Pty Ltd v Independent Liquor and Gaming Authority [2022] NSWSC 1520

The Griffith Hotel Pty Ltd v Independent Liquor and Gaming Authority [2022] NSWSC 1520

Uncertainty as to the identification of a common question is not fatal; a significant overlap of issues and parties, along with considerations of efficiency and practical trial management, justify the proceedings being heard together under the Court's discretion in r 28.5 of the UCPR.

Parties
First Plaintiff: The Griffith Hotel Pty Ltd; Second Plaintiff: Northridge Pty Ltd; Defendant: Independent Liquor & Gaming Authority
Jurisdiction
Australia
Judgment Date
27 September 2022
Procedural Posture
Judicial Review Motion / Procedural Application/interlocutory
Outcome
Orders made; proceedings to be heard together with related matters; case management orders made
Legal Topics
Consolidation of Proceedings, Discretion to Order Concurrent Hearing, Judicial Review of Administrative Decisions
Civil Procedure Consolidation of Proceedings Discretion to Order Concurrent Hearing Judicial Review of Administrative Decisions

Case Brief

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Parties

The Griffith Hotel Pty Ltd

First Plaintiff

Northridge Pty Ltd

Second Plaintiff

Independent Liquor & Gaming Authority

Defendant

Procedural Posture

Judicial Review Motion / Procedural Application/interlocutory

Legal Issues

  1. 1 Whether proceedings should be heard together for overlapping or common issues under r 28.5 of the Uniform Civil Procedure Rules 2005 (NSW)
  2. 2 Whether identification of a common question is necessary for consolidation or simultaneous hearing
  3. 3 Proper construction of statutory powers under the Gaming Machines Act 2001 (NSW) relating to transfer of entitlements

Ratio Decidendi

Uncertainty as to the identification of a common question is not fatal; a significant overlap of issues and parties, along with considerations of efficiency and practical trial management, justify the proceedings being heard together under the Court's discretion in r 28.5 of the UCPR.

Court Disposition

Orders made; proceedings to be heard together with related matters; case management orders made

Orders

  • The hearing of the Summons proceed simultaneously with the hearing of each Summons in matters 2021/356546 and 2021/356547, listed for hearing on 16 November 2022.
  • The costs of today's motion be costs in the cause.