Reef House Property Pty Ltd v Commissioner of Liquor and Gaming Regulation

[2024] QCA 121

Queensland Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Administrative Tribunals
3. › Functions of Tribunals
4. › Review jurisdiction
5. › Merits review
6. › Whether Tribunal conducted fresh hearing on merits or merely assessed sufficiency of material before original decision-maker
7. › Whether Tribunal's reasons shaped by manner in which applicant argued case
8. › Queensland Civil and Administrative Tribunal Act 2009 (Qld), ss 19, 20
9. › Liquor Act 1992 (Qld), ss 33, 34
1. Administrative Law
2. › Administrative Tribunals
3. › Merits review
4. › Correct and preferable decision
5. › Nature and content of review obligation
6. › Whether Tribunal required to go beyond issues raised by parties
7. › Whether inquisitorial nature of merits review requires Tribunal to consider matters not raised
8. › Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 20

Quick Take

Where an applicant frames its case before a merits review tribunal primarily as a challenge to the sufficiency of material before the original decision-maker, the tribunal's reasons may permissibly reflect that framing without constituting a failure to conduct a merits review.