Procedural fairness does not require an administrative decision-maker to provide the affected party with the material placed before the decision-maker, absent a statutory obligation to do so. The correct test on judicial review of a satisfaction-based power is whether there was material reasonably capable of supporting the state of satisfaction, not whether the reviewing court itself would have been satisfied on the material. The statutory scheme under s 104A Liquor Act 1982 (NSW) favours a degree of prior warning to the licensee before a closure order is sought, but this obligation is subject to the exigencies of the particular case.
The full text is available to signed-in members, including the 13 later cases that cite this judgment.
1 of the 13 citing cases carry a classified treatment. How each court treated it is available to signed-in members.