Paul Joseph Garcia v Raymond Henry Masters & Ors [2005] NSWSC 480

Paul Joseph Garcia v Raymond Henry Masters & Ors [2005] NSWSC 480

The third defendant, Mr McAsey, holds the benefit of the nine poker machine entitlements allocated in respect of Hotelier's Licence serial number 100094 on trust for Mr Garcia, and must transfer them as Mr Garcia directs up until he ceases to be licensee; the trust and contractual arrangements are recognised to the extent consistent with the statutory scheme. The lessors do not have a financial interest in the hotelier's licence for the purposes of s19 of the Gaming Machines Act 2001.

Jurisdiction
Australia
Judgment Date
23 May 2005
Procedural Posture
Equity / Judgment
Outcome
Declarations and Orders made in favour of the plaintiff as to the trust over poker machine entitlements and the obligations of the third defendant and lessors; finding that the lessors do not have a financial interest in the hotelier’s licence under the Act.
Legal Topics
['licensing' 'poker Machine Entitlements' 'constructive Trusts' 'sale of Business' 'contractual Rights' "hotelier's Licence" 'financial Interest Under Gaming Machines Act 2001']
['equity' 'property Law'] ['licensing' 'poker Machine Entitlements' 'constructive Trusts' 'sale of Business' 'contractual Rights' "hotelier's Licence" 'financial Interest Under Gaming Machines Act 2001']

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Procedural Posture

Equity / Judgment

Legal Issues

  1. 1 ['Whether outgoing lessee/licensee can bind incoming lessee/licensee in relation to poker machine entitlements' 'Whether former lessee holds equitable or beneficial interest in poker machine entitlements after sale and transfer of business' 'Whether new lessee holds poker machine entitlements on trust for former lessee' "Whether lessors have a financial interest in the hotelier's licence under s 19 Gaming Machines Act 2001"]

Ratio Decidendi

The third defendant, Mr McAsey, holds the benefit of the nine poker machine entitlements allocated in respect of Hotelier's Licence serial number 100094 on trust for Mr Garcia, and must transfer them as Mr Garcia directs up until he ceases to be licensee; the trust and contractual arrangements are recognised to the extent consistent with the statutory scheme. The lessors do not have a financial interest in the hotelier's licence for the purposes of s19 of the Gaming Machines Act 2001.

Court Disposition

Declarations and Orders made in favour of the plaintiff as to the trust over poker machine entitlements and the obligations of the third defendant and lessors; finding that the lessors do not have a financial interest in the hotelier’s licence under the Act.

Orders

  • ['Order discharging previous interlocutory orders per paragraphs 2, 3, 6 and 7 of notice of motion filed 6 May 2005.' 'Declaration that first and second defendants do not have any financial interest in Hotelier’s Licence serial number 100094 relating to the Alexandria Hotel for the purposes of s19 Gaming Machines...