Australian Leisure and Hospitality Group Pty Ltd v Manly Council (No 5)

Australian Leisure and Hospitality Group Pty Ltd, the lessee of a commercial property, sought judicial review of a decision by the Manly Council, the respondent, to refuse to issue a liquor licence. The case was heard by the Supreme Court of New South Wales, which was required to determine whether the Council's decision was lawful, rational, and procedurally fair.

The key issue before the court was whether the Council acted lawfully when it decided not to issue the applicant a liquor licence, and if the process followed in reaching that decision was fair and reasonable. This involved examining the statutory framework governing liquor licensing and whether the Council had properly considered all relevant factors. It was also necessary to determine whether the Council had acted irrationally or in breach of natural justice by failing to provide the applicant with an adequate opportunity to respond to the reasons for refusal.

The court found that the Council had not acted lawfully in refusing to issue the liquor licence. It was determined that the Council did not properly consider the statutory criteria and failed to provide the applicant with a fair opportunity to respond to the concerns raised. The court held that the Council's decision was therefore irrational and not procedurally fair. As a result, the court quashed the Council's decision and remitted the matter back to the Council for reconsideration in accordance with the law. The orders of the court were set out at [98], which included the quashing of the Council's decision and the requirement for the Council to provide the applicant with a fair opportunity to respond to the concerns before reaching a new decision.