Highmoon Pty Ltd v City of Fremantle & Ors

[2006] WASCA 21

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Liquor Licensing
2. › Application for removal of licence
3. › Objection by residents
4. › Whether undue offence, annoyance, disturbance or inconvenience likely to be caused to residents in the vicinity
5. › Evaluation of management plan
6. › Liquor Licensing Act 1988 (WA), ss 37(3), 74(1)(g)
1. Appeal
2. › Appeal on question of law only
3. › Distinction between questions of law and questions of fact
4. › Whether errors of mixed fact and law may be entertained
5. › Whether grounds raised questions of law
6. › Liquor Licensing Act 1988 (WA), s 28(2)
1. Practice and Procedure
2. › Grounds of appeal
3. › Undesirability of repetitive grounds

Quick Take

Under s 28(2) of the Liquor Licensing Act 1988 (WA) as amended in 1998, appeals from the Liquor Licensing Court lie only on questions of law, not errors of mixed fact and law. A Liquor Licensing Court's evaluation of the likely effectiveness of a management plan and its prediction of whether undue offence, annoyance, disturbance or inconvenience to residents is likely to occur are matters of fact and evaluation, not questions of law, unless there is no evidence to support the finding or the reasoning is Wednesbury unreasonable.