MEAGHER v BOTT and ANOR [1996] NSWCA 356

MEAGHER v BOTT and ANOR [1996] NSWCA 356

The Court (by majority) held that s40 of the Liquor Act 1982 requires applicants for conditional grants/removals to lodge current approvals/consents at the time of application; there is no requirement for these consents to remain current at the time of hearing for jurisdictional purposes. The Licensing Court is not required or authorized to determine the validity or currency of such approvals at the hearing; once s40 is complied with, jurisdiction exists. Section 58 operates after a grant is made, and the conditional grant lapses if consents expire but revives if consents are reinstated.

Parties
Appellant: Meagher; Respondent: Bott
Jurisdiction
Australia
Judgment Date
15 November 1996
Procedural Posture
Appeal / Judgment of Supreme Court of New South Wales Court of Appeal
Outcome
Appeal dismissed (by majority) with costs.
Legal Topics
Jurisdiction of Licensing Court, Interpretation of S40 Liquor Act 1982, Development Consent Validity, Interaction of Planning and Licensing Regimes, Procedural Requirements for Conditional Liquor Licences
Administrative Law Liquor Licensing Planning Law Jurisdiction of Licensing Court Interpretation of S40 Liquor Act 1982 Development Consent Validity Interaction of Planning and Licensing Regimes Procedural Requirements for Conditional Liquor Licences

Case Brief

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Parties

Meagher

Appellant

Bott

Respondent

Procedural Posture

Appeal / Judgment of Supreme Court of New South Wales Court of Appeal

Legal Issues

  1. 1 Whether s40(1) and s40(6) Liquor Act 1982 require development consent/building approvals to remain current at the date of hearing as a precondition for conditional grant of a liquor licence.
  2. 2 Whether the Licensing Court must determine, at the hearing, the continued validity of lodged consents/approvals or defer to council's view.
  3. 3 The effect of s58 Liquor Act 1982 as to the operation and lapsing of conditional grants.

Ratio Decidendi

The Court (by majority) held that s40 of the Liquor Act 1982 requires applicants for conditional grants/removals to lodge current approvals/consents at the time of application; there is no requirement for these consents to remain current at the time of hearing for jurisdictional purposes. The Licensing Court is not required or authorized to determine the validity or currency of such approvals at the hearing; once s40 is complied with, jurisdiction exists. Section 58 operates after a grant is made, and the conditional grant lapses if consents expire but revives if consents are reinstated.

Court Disposition

Appeal dismissed (by majority) with costs.

Orders

  • Appeal dismissed with costs.