Flevotomos v Independent Liquor and Gaming Authority [2019] NSWCATAD 95

Flevotomos v Independent Liquor and Gaming Authority [2019] NSWCATAD 95

The stay was granted because refusal would likely result in significant irrecoverable revenue loss for Iguana, and there has been no record of non-compliance since Mr Flevotomos ceased as licensee, making it appropriate to secure the effectiveness of the review – the balance of convenience and effectiveness of determination justified the stay.

Jurisdiction
Australia
Judgment Date
27 May 2019
Procedural Posture
Administrative Review / Interlocutory Stay Application
Outcome
Stay of condition granted until further order
Legal Topics
['stay of Administrative Decision' 'liquor Licence Disciplinary Action' 'procedural Fairness' 'public Interest Considerations']
['administrative Law' 'liquor Licensing'] ['stay of Administrative Decision' 'liquor Licence Disciplinary Action' 'procedural Fairness' 'public Interest Considerations']

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Procedural Posture

Administrative Review / Interlocutory Stay Application

Legal Issues

  1. 1 ['Whether a stay of a condition imposed on a liquor licence should be granted pending administrative review' 'Whether the applicants will suffer irreparable loss if the stay is refused' "Balance between public interest, parties' interests, and effectiveness of review"]

Ratio Decidendi

The stay was granted because refusal would likely result in significant irrecoverable revenue loss for Iguana, and there has been no record of non-compliance since Mr Flevotomos ceased as licensee, making it appropriate to secure the effectiveness of the review – the balance of convenience and effectiveness of determination justified the stay.

Court Disposition

Stay of condition granted until further order

Orders

  • ['The decision of the First Respondent made on 20 March 2019 to impose a condition on liquor licence LIQ0624006713 (Order 2) is stayed until further order of the Tribunal.' "Respondents have liberty to apply on 3 days' notice to seek to vary or revoke the stay order if Mr Flevotomos is present at Dollhouse Nightspot...