La La Land Byron Bay Pty Limited v The Independent Liquor and Gaming Authority

[2015] NSWCA 254

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Extent of reasons required when refusing leave to appeal
4. › Whether reasons need be as extensive as full appellate determination
5. › Civil Procedure Act 2005 (NSW), s 56
1. Administrative Law
2. › Judicial review
3. › Review of decision of Independent Liquor and Gaming Authority
4. › Whether correct test of 'public interest' applied
5. › Whether relevant mandatory considerations taken into account
6. › Liquor Act 2007 (NSW), ss 3, 49(8), 51(9)(b)
1. Administrative Law
2. › Judicial review
3. › Bias
4. › Whether public statements by Chairman of Authority revealed apprehended or actual bias
5. › Whether meetings between Authority and NSW Police constituted bias
6. › Whether waiver of right to raise bias
1. Administrative Law
2. › Judicial review
3. › Legal unreasonableness
4. › Whether decision disproportionate
5. › Whether excessive weight given to particular considerations
6. › Minister for Immigration and Citizenship v Li [2013] HCA 18

Quick Take

The statement of affirmative conditions that must be satisfied before an extended trading authorisation is granted under s 49(8) of the Liquor Act 2007 (NSW) does not imply that a separate statutory power to vary or revoke the ETA under s 51(9)(b) can be exercised only if the Authority is satisfied those conditions no longer exist; however, the s 49(8) matters are relevant factors the Authority is bound to take into account. Reasons for refusing leave to appeal need not be extensive and abbreviated reasons are appropriate and sufficient for the proper administration of justice.