House v Diamond Leisure Pty Ltd

[1987] NTSC 6

Supreme Court of the Northern Territory

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Interrogate

Catchwords

1. Practice and Procedure
2. › Striking out
3. › Statement of claim
4. › No cause of action disclosed
5. › Whether claim for declaratory relief only is open to objection
6. › Supreme Court Rules O.29 r.4
7. › Supreme Court Act s 18
1. Practice and Procedure
2. › Summary judgment
3. › Whether plaintiff's case so clearly untenable that it cannot possibly succeed
4. › General Steel Industries test
5. › Supreme Court Rules O.17 r.1
1. Administrative Law
2. › Natural justice
3. › Application to statutory powers exercised by private licensees
4. › Casino exclusion direction
5. › Whether rules of natural justice arguably apply to casino licensee's power under s 15 of Casino Licensing and Control Act 1984
1. Gaming and Wagering
2. › Casino licensing
3. › Power to exclude persons from casino
4. › Direction in writing under s 15(2)
5. › Whether direction must comply with statutory requirements
6. › Casino Licensing and Control Act 1984 (NT), s 15

Quick Take

A claim for declaratory relief challenging a casino exclusion direction under s 15 of the Casino Licensing and Control Act 1984 (NT) on grounds of natural justice, improper purpose, and non-compliance with statutory requirements is not so clearly untenable as to warrant being struck out. The rules of natural justice may arguably apply to a casino licensee's exercise of the statutory power to exclude persons, notwithstanding that s 15(1) provides that no person has a right to enter or remain in a casino except with the licensee's approval.