O'Sullivan v Farrer [1989] HCA 61

O'Sullivan v Farrer [1989] HCA 61

The Liquor Act 1982 N.S.W. conferred, except where expressly provided otherwise, a general discretion to grant or refuse an application by reference to public interest considerations of the kind that could ground an objection under s. 45(1)(c), whether or not such an objection had been taken. Section 47 did not confine that discretion, and s. 57(4) excluded only the s. 45(2) consideration of adequacy of existing liquor facilities, not broader matters of general public amenity and convenience. The Licensing Court majority therefore had power to refuse the removal application on those broader public interest grounds.

Jurisdiction
Australia
Procedural Posture
Appeal Concerning Removal of an Off Licence to Sell Liquor by Retail / High Court Appeal From the Court of Appeal of the Supreme Court of New South Wales
Outcome
Appeal allowed with costs.
Legal Topics
['removal of Off Licence' 'public Interest Discretion' 'grounds of Objection' 'expressio Unius Est Exclusio Alterius' 'liquor Act 1982 N.s.w.']
['administrative Law' 'liquor Licensing' 'statutory Interpretation'] ['removal of Off Licence' 'public Interest Discretion' 'grounds of Objection' 'expressio Unius Est Exclusio Alterius' 'liquor Act 1982 N.s.w.']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal Concerning Removal of an Off Licence to Sell Liquor by Retail / High Court Appeal From the Court of Appeal of the Supreme Court of New South Wales

Legal Issues

  1. 1 ['Whether the Liquor Act 1982 N.S.W. confined the power to refuse an application for removal of an off-licence (retail) within the same neighbourhood so as to preclude refusal on a public interest ground not taken as a ground of objection.' 'Whether s. 47 denied any general discretion to refuse an application on a public interest ground not taken as a ground of objection under s. 45(1)(c).' 'Whether s. 57(4) excluded consideration of the ground relied upon by the Licensing Court majority.']

Ratio Decidendi

The Liquor Act 1982 N.S.W. conferred, except where expressly provided otherwise, a general discretion to grant or refuse an application by reference to public interest considerations of the kind that could ground an objection under s. 45(1)(c), whether or not such an objection had been taken. Section 47 did not confine that discretion, and s. 57(4) excluded only the s. 45(2) consideration of adequacy of existing liquor facilities, not broader matters of general public amenity and convenience. The Licensing Court majority therefore had power to refuse the removal application on those broader public interest grounds.

Court Disposition

Appeal allowed with costs.

Orders

  • ['Set aside the order of the Court of Appeal of the Supreme Court of New South Wales.' 'In lieu thereof order that the appeal to that Court be allowed with costs.' 'Set aside orders 4, 5 and 6 of Yeldham J.' 'In lieu thereof order that the appeal by Ronald James Farrer be dismissed with costs.']