Co-Mac Pty Ltd & Ors v. Queensland Gaming Commission & Ors

The case before the court involved Co-Mac Pty Ltd and others, who sought judicial review of decisions made by the Queensland Gaming Commission and others. The crux of the dispute was the Commission's handling of applications for operating authorities for gaming machines, which are limited in number under the Gaming Machine Act 1991 (Qld). The applicants argued that they were aggrieved by the Commission's decisions, particularly as they pertained to the sale and purchase of these authorities. The court was tasked with determining whether trade competitors could be considered "persons aggrieved" by the Commission's decisions and whether the Commission's actions were in breach of statutory procedures, constituted an improper exercise of power, or were otherwise unreasonable.

The legal issues before the court included the standing of the applicants to seek judicial review, whether the Chief Executive Officer's failure to follow statutory procedures invalidated his recommendation, and if the Commission's consideration of such a recommendation amounted to a failure to observe statutory procedure. Additionally, the court had to consider whether the Commission improperly took into account an incorrect recommendation, whether an incorrect recommendation was an irrelevant consideration, and if the recommendation should have been a relevant consideration. The court also examined whether the Commission's application of guidelines was reasonable and if the failure to specifically reference a guideline in its findings constituted a ground for review.

In its reasoning, the court found that the applicants did have standing to seek judicial review as they were indeed "persons aggrieved" by the Commission's decisions. The court held that the Chief Executive Officer's failure to adhere to statutory procedures did not invalidate his recommendation, but the Commission's consideration of such a recommendation did amount to a failure to observe statutory procedure. The court also determined that it was not improper for the Commission to take into account an incorrect recommendation, which was not an irrelevant consideration but rather a relevant one that the law required to be observed. The court further found that the Commission's application of guidelines was reasonably open to it, and the failure to specifically reference a guideline in its findings did not constitute a ground for review.

The final orders of the court were to set aside the decision of the Queensland Gaming Commission dated 24 July 2007 and to refer the matter back to the Commission for further consideration in accordance with the reasons for judgment provided. This decision mandated that the Commission reconsider the applications for operating authorities for gaming machines, taking into account the findings and reasoning of the court.