WILSON v MADDEN [1992] NSWCA 274

WILSON v MADDEN [1992] NSWCA 274

The Licensing Court, upon remittal from the Supreme Court following its setting aside of the original decision, was entitled to reconsider findings of fact, including those previously made, particularly where fresh evidence was tendered and both parties addressed. No procedural unfairness was occasioned as the parties were aware that factual reconsideration was being sought and had the opportunity to respond.

Parties
Applicant: Wilson; Respondent: Madden; Respondent: K Kinninmont; Respondent: State Crown Solicitor's Office
Jurisdiction
Australia
Judgment Date
05 June 1992
Procedural Posture
Appeal / Final Appellate Decision
Outcome
Appeal dismissed; leave to appeal refused; summons for relief dismissed
Legal Topics
Procedural Fairness, Natural Justice, Remittal of Proceedings, Transfer of Spirit Merchant Licence
Liquor Licensing Administrative Law Procedural Fairness Natural Justice Remittal of Proceedings Transfer of Spirit Merchant Licence

Case Brief

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Parties

Wilson

Applicant

Madden

Respondent

K Kinninmont

Respondent

State Crown Solicitor's Office

Respondent

Procedural Posture

Appeal / Final Appellate Decision

Legal Issues

  1. 1 Whether the Licensing Court was empowered to reconsider previously made factual findings upon remission from the Supreme Court
  2. 2 Whether procedural fairness was denied in the reconsideration of factual findings

Ratio Decidendi

The Licensing Court, upon remittal from the Supreme Court following its setting aside of the original decision, was entitled to reconsider findings of fact, including those previously made, particularly where fresh evidence was tendered and both parties addressed. No procedural unfairness was occasioned as the parties were aware that factual reconsideration was being sought and had the opportunity to respond.

Court Disposition

Appeal dismissed; leave to appeal refused; summons for relief dismissed

Orders

  • Summons for leave to appeal dismissed with costs
  • Appeal dismissed with costs