Layden v Independent Liquor and Gaming Authority [2020] NSWCATAD 274

Layden v Independent Liquor and Gaming Authority [2020] NSWCATAD 274

The applicant contravened s71(2) of the Gaming Machines Act by purchasing gaming machines from a person not authorised to sell them and s79(1) by consigning gaming machines outside NSW without notification; however, notwithstanding these breaches, applicant is found to be a fit and proper person to hold a gaming...

Source-derived case information.

Parties
Applicant: Justin Layden; Respondent: Independent Liquor & Gaming Authority
Jurisdiction
Australia
Judgment Date
05 November 2020
Procedural Posture
Administrative Review / Final Determination
Outcome
Decision of the Independent Liquor and Gaming Authority set aside; Tribunal substituted disciplinary findings and imposed monetary penalty and costs
Legal Topics
Disciplinary Action, Gaming Machines, Licensing, Monetary Penalty, Costs Orders
Administrative Law Gaming Law Disciplinary Action Gaming Machines Licensing Monetary Penalty Costs Orders

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Parties

Justin Layden

Applicant

Independent Liquor & Gaming Authority

Respondent

Procedural Posture

Administrative Review / Final Determination

Legal Issues

  1. 1 Whether applicant contravened s71(2) of the Gaming Machines Act by purchasing gaming machines from an unlicensed seller; Whether applicant contravened s79(1) of the Gaming Machines Act by consigning approved gaming machines outside NSW without notification; Whether applicant's belief in compliance was reasonable or honest; Interpretation of 'outside the State' in s79; Whether applicant is a fit and proper person to hold a gaming-related licence; Whether penalty imposed was appropriate

Ratio Decidendi

The applicant contravened s71(2) of the Gaming Machines Act by purchasing gaming machines from a person not authorised to sell them and s79(1) by consigning gaming machines outside NSW without notification; however, notwithstanding these breaches, applicant is found to be a fit and proper person to hold a gaming machine seller's licence and penalties of suspension are set aside, monetary penalty and costs ordered.

Court Disposition

Decision of the Independent Liquor and Gaming Authority set aside; Tribunal substituted disciplinary findings and imposed monetary penalty and costs

Orders

  • The applicant contravened s71(2) of the Gaming Machines Act by purchasing five approved gaming machines with the serial numbers XSG306202, XSG306203, XSG306204, XSG306205, XSG306206 from a person not holding a dealer's or seller's licence.
  • The applicant contravened s71(2) by purchasing an approved gaming machine with serial number XSG303406 from a person not holding a dealer's or seller's licence.