Brandon Lynch v Independent Liquor & Gaming Authority [2017] NSWSC 513
A licensee need only be a licensee at the time of making a section 59 application under the Liquor Act 2007 (NSW), and a dispossessed licensee remains a licensee for those purposes. The Authority erred in law by refusing the application on the basis that Mr Lynch was no longer a licensee at the time of the determination.
- Jurisdiction
- Australia
- Judgment Date
- 03 May 2017
- Procedural Posture
- Application for Judicial Review (certiorari and Mandamus) / Final Judgment
- Outcome
- Authority's decision set aside for jurisdictional error or error of law
- Legal Topics
- ['licensing' 'judicial Review' 'liquor Law']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Judicial Review (certiorari and Mandamus) / Final Judgment
Legal Issues
- 1 ['Whether an applicant must be a licensee at the date of determination of a Section 59 application under the Liquor Act 2007 (NSW)' 'Whether a dispossessed licensee remains a licensee under the Liquor Act 2007 (NSW) for the purposes of section 59 applications']
Ratio Decidendi
A licensee need only be a licensee at the time of making a section 59 application under the Liquor Act 2007 (NSW), and a dispossessed licensee remains a licensee for those purposes. The Authority erred in law by refusing the application on the basis that Mr Lynch was no longer a licensee at the time of the determination.
Court Disposition
Authority's decision set aside for jurisdictional error or error of law
Orders
- ["The decision of the Independent Liquor & Gaming Authority to refuse Mr Lynch's Section 59 application is set aside."]
Full Case Text
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