› Procedural fairness — failure to address applicant's case as framed
Gaming and liquor
› Liquor licensing
› Packaged liquor sales licence — community interest assessment — Community Impact Assessment Guidelines
Gaming and liquor
› Administration
› Licensing Court — review jurisdiction — nature of rehearing under s 22 Liquor Licensing Act 1997 (SA)
Quick Take
1Where an inferior court conducting a statutory rehearing of a licensing application proceeds on a fundamental misapprehension of the identity and nature of the applicant's case, and that misapprehension causes the court to focus on one factor to the exclusion of other relevant statutory considerations, the resulting error is jurisdictional rather than a mere error within jurisdiction.
2An inferior court's subsequent correction of a factual error in supplementary reasons does not cure jurisdictional error where the corrected reasoning continues to reflect the same operative misunderstanding and fails to re-examine the applicant's case in light of the error.
3A finding that a licence grant would be contrary to the public interest cannot survive independently where it was expressly made for 'essentially the same reason' as a community interest finding that is itself infected by jurisdictional error.
