13 Apr 2022
The High Court held the District Court Judge did not err: the demonstrated consequences of conviction (including a likely two-year stand-down affecting a manager's certificate) were not of sufficient specificity or severity to be out of all proportion to the gravity of excess breath alcohol offending; accordingly a discharge without conviction was not warranted and the appeal is dismissed.
1 Oct 2021
The Court refused the stay because on a preliminary assessment the applicants' prospects of success were low given the Authority's detailed factual and credibility findings, significant ongoing operational concerns persisted, and there was no independent evidence of serious financial hardship; on balance of convenience the public interest and risk of continued alcohol-related harm outweighed the applicants' commercial interests.
18 Nov 2011
The High Court held the Authority's cancellation was set aside because the police, as applicant, bore the onus to prove unsuitability and failed to present particulars or evidence beyond a single failed controlled purchase and references to a prior decision; appellants were denied natural justice by not being informed of the precise case to meet. The single failed controlled purchase warranted a short suspension (24 hours) of the licence; no additional penalty was imposed on the manager because his suspension already exceeded ordinary penalty ranges.