Laveson Pty Ltd v Prosser Automotive Engineers Pty Ltd & Ors

[1999] WASCA 285

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Liquor Licensing
2. › Grant of licence
3. › Liquor store licence
4. › Test under s 38(2b)
5. › Whether reasonable requirements of public for liquor cannot be provided for by existing licensed premises
6. › Whether Liquor Licensing Court applied correct test
7. › Liquor Licensing Act 1988 (WA), s 38(2b)
1. Appeal
2. › Appeal on question of law
3. › Sufficiency of evidence
4. › Whether challenge to weight of evidence raises question of law
5. › Liquor Licensing Act 1988 (WA), s 28(2)

Quick Take

A Liquor Licensing Court Judge applying s 38(2b) of the Liquor Licensing Act 1988 (WA) is not required to expressly address each of the alternative formulations identified in Liquorland v Austie Nominees (cannot be provided for at all, substantial difficulty, or substantial inconvenience) where the findings make it plain which alternative has been satisfied. Challenges to the weight of evidence before the Liquor Licensing Court do not give rise to an appeal on a question of law under s 28(2).