Recent Cases

Independent Liquor and Gaming Authority v Whitebull HTL Pty Ltd; Independent Liquor and Gaming Authority v Area Hotel UT Pty Ltd; Independent Liquor and Gaming Authority v The Griffith Hotel Pty Ltd [2023] NSWCA 224 (20 September 2023) (Meagher and Kirk JJA, Griffiths AJA)


Catchwords:


ADMINISTRATIVE LAW – gambling regulation – applications to transfer or lease gaming machine entitlements – applications to increase gaming machine thresholds – conditions imposed on hotel licenses – whether declarations as to construction of statute were appropriate – whether order requiring grant of application was appropriate – scope of discretions under ss 19, 25 and 34 of the Gaming Machines Act 2001 (NSW) – scope of discretion under s 53 of the Liquor Act 2007 (NSW) – whether s 53 of the Liquor Act provides power to impose conditions on liquor licences relating to harm minimisation concerns relating to gaming machines