JUSMELL PTY LIMITED v Gregory Alan BAGGOT & Ors [2008] NSWSC 878

The Board's conclusion that the lessee (Eagles Rock) had purchased the poker machine entitlements and thus s 19(7) excluded the operation of s 19(5)(b) was correct. The lessor's (Jusmell) support for transfer was not required. No error of law or manifest unreasonableness was shown in the Board's decision.

Source-derived case information.

Parties: Plaintiff: Jusmell Pty Limited; First Defendant: Gregory Alan Baggot; Second Defendant: Eagles Rock & Nest Pty Limited; Third Defendant: The Former Liquor Administration Board
Jurisdiction: Australia
Judgment Date: 10 September 2008
Procedural Posture: Judicial Review / Final Judgment
Outcome: Summons dismissed
Legal Topics: Judicial Review, Poker Machine Entitlements, Lease of Hotel Premises, Transfer of Entitlements, Financial Interest in Hotelier's Licence

Administrative Law Judicial Review Poker Machine Entitlements Lease of Hotel Premises Transfer of Entitlements Financial Interest in Hotelier's Licence

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Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2 Amounts and remedies 3

Parties

Jusmell Pty Limited

Plaintiff

Gregory Alan Baggot

First Defendant

Eagles Rock & Nest Pty Limited

Second Defendant

The Former Liquor Administration Board

Third Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

1 Meaning and construction of 'purchased' in s 19(7) Gaming Machines Act 2001
2 Whether transfer of poker machine entitlements required lessor's support
3 Whether lessor (Jusmell) had a financial interest under s 19(5)(b) and (7)

Ratio Decidendi

Court Disposition

Summons dismissed

Orders

Plaintiff to pay Defendant's costs of proceedings.

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