Laveson Pty Ltd v Smith & Anor

[2003] WASCA 286

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Liquor and Licensing
2. › Liquor store licence
3. › Conditional removal of licence
4. › Whether reasonable requirements of public cannot be provided for by existing licensed premises
5. › Whether 'no evidence' finding was open
6. › Liquor Licensing Act 1988 (WA), s 38(2b)(a)
1. Administrative Law
2. › Judicial review
3. › Error of law
4. › No evidence ground
5. › Whether existence of evidence of a particular fact is a question of law
1. Practice and Procedure
2. › Reasons for decision
3. › Adequacy of reasons
4. › Duty to give reasons where right of appeal exists
5. › Appeal on question of law from Liquor Licensing Court
6. › Liquor Licensing Act 1988 (WA), s 28(2)

Quick Take

The 'no evidence' ground constitutes a question of law for the purposes of appeals from the Liquor Licensing Court under s 28(2) of the Liquor Licensing Act 1988 (WA). The Liquor Licensing Court is under a duty to provide adequate reasons that analyse and assess the evidence, even though the appeal right is limited to questions of law. A bare acceptance of a submission that there is 'no evidence' without analysis of the evidence actually before the court constitutes an error of law.