Jabetin Pty Ltd v Liquor Administraton Board & Ors; Jabetin Pty Ltd v Benwine Pty Ltd

(2005) 63 NSWLR 602; [2005] NSWCA 92

NSW Court of Appeal

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Interrogate

Catchwords

1. Statutory Interpretation
2. › Deeming provisions
3. › Whether 'is taken to have' creates exhaustive definition
4. › Relationship between deeming provision and general provision
5. › Gaming Machines Act 2001 (NSW), ss 19(3)(c), 19(5), 19(6)
1. Equity
2. › Trusts
3. › Resulting trust
4. › Whether purchase of poker machines gave rise to resulting trust over subsequently created statutory entitlements
5. › Poker machine entitlements allocated by statute in respect of hotelier's licence
6. › Gaming Machines Act 2001 (NSW), s 15
1. Equity
2. › Trusts
3. › Constructive trust
4. › Unconscionability
5. › Whether unconscionable for hotel owner to retain benefit of poker machine entitlements allocated by statute
6. › Whether windfall gain from legislation gives rise to constructive trust
7. › Muschinski v Dodds
8. › Baumgartner v Baumgartner
1. Administrative Law
2. › Judicial review
3. › Error of law on face of record
4. › Liquor Administration Board
5. › Opinion-based statutory precondition
6. › Whether Board misdirected itself in law
7. › Supreme Court Act 1970 (NSW), s 69(3)

Quick Take

The definition of 'financial interest' in s 19(5) of the Gaming Machines Act 2001 (NSW) is exhaustive, so a hotel owner/lessor does not have a financial interest in the hotelier's licence merely by virtue of ownership, and the lessee/licensee may transfer poker machine entitlements without the owner's support. However, poker machine entitlements allocated in respect of a hotelier's licence cannot be severed from the licence by resulting or constructive trust at the end of a lease — the entitlements go with the licence, not with the departing lessee who purchased the poker machines that gave rise to them.