Independent Liquor & Gaming Authority v Hurlstone Park Operations Pty Ltd [2024] NSWCATAP 232

Independent Liquor & Gaming Authority v Hurlstone Park Operations Pty Ltd [2024] NSWCATAP 232

As Mr Orr was not the licensee at the time of the Authority's refusal decision, he was not a 'relevant person who is aggrieved' under s 13A of the LGA Act and the Tribunal had no jurisdiction to entertain the review application or grant the relief sought. The Tribunal erred in refusing summary dismissal; Taphouse establishes that only the current licensee at the time of the Authority's decision may pursue a review or authorisation.

Parties
Appellant: Independent Liquor & Gaming Authority; First Respondent: Hurlstone Park Operations Pty Ltd; Second Respondent: Mark Leonard James Orr
Jurisdiction
Australia
Judgment Date
15 November 2024
Procedural Posture
Administrative Law Appeal / Appeal Panel Decision on Leave and Substantive Dismissal of Proceedings
Outcome
Appeal allowed; proceedings dismissed
Legal Topics
Standing, Jurisdiction, Extended Trading Authorisation, Leave to Appeal, Summary Dismissal, Interpretation of S 13 a Gaming and Liquor Administration Act
Administrative Law Standing Jurisdiction Extended Trading Authorisation Leave to Appeal Summary Dismissal Interpretation of S 13 a Gaming and Liquor Administration Act

Case Brief

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Parties

Independent Liquor & Gaming Authority

Appellant

Hurlstone Park Operations Pty Ltd

First Respondent

Mark Leonard James Orr

Second Respondent

Procedural Posture

Administrative Law Appeal / Appeal Panel Decision on Leave and Substantive Dismissal of Proceedings

Legal Issues

  1. 1 Whether the Tribunal had jurisdiction to entertain applications for review by persons not licensee at time of Authority's decision
  2. 2 Interpretation and application of s 13A of the Gaming and Liquor Administration Act 2007 (NSW)
  3. 3 Whether a change in licensee after application or during proceedings affects standing or power to grant relief

Ratio Decidendi

As Mr Orr was not the licensee at the time of the Authority's refusal decision, he was not a 'relevant person who is aggrieved' under s 13A of the LGA Act and the Tribunal had no jurisdiction to entertain the review application or grant the relief sought. The Tribunal erred in refusing summary dismissal; Taphouse establishes that only the current licensee at the time of the Authority's decision may pursue a review or authorisation.

Court Disposition

Appeal allowed; proceedings dismissed

Orders

  • Leave to appeal is granted in each of matters 2023/00035087 and 2023/00313081.
  • Each appeal is allowed and the proceedings are dismissed.