Deegan v Licensing Bench for the Licensing District of Hobart

This case concerned an application by John Patrick Deegan for a public house licence for "The Queen's Arms" in Hobart, which was refused by the Licensing Bench for the Licensing District of Hobart. Deegan subsequently obtained a case stated from the Bench to the Supreme Court of Tasmania. The High Court of Australia considered an application for special leave to appeal from the Supreme Court's decision.

The legal issues before the Supreme Court, and subsequently the High Court, included whether the Licensing Bench had the power to allow counsel to assist in examining witnesses and present evidence on behalf of the public, even after an attempted opposition under section 72 of the *Licensing Act 1902* (Tas.) had failed. The court also had to determine whether the Bench had the power to refuse the application, and if so, whether its decision was proper and valid, particularly in relation to the necessity of a licensed house in the specified locality.

The High Court, in delivering its judgment, affirmed that the Licensing Bench was empowered to inquire into the necessity of a licensed house in a particular locality and could do so by any means it deemed fit, including allowing counsel to assist in examining witnesses and presenting evidence. The Court found that the Bench was explicitly directed by section 32 of the Act to consider the necessity of the licensed house in the locality and was bound to refuse the application if such necessity was not established. The Court agreed with the Supreme Court's conclusion that the Bench had acted within its powers and that the application was correctly refused.

Special leave to appeal was refused. The High Court noted that while the Supreme Court judge may have considered himself to have jurisdiction to review findings of fact, the High Court expressed doubt as to whether such a review was permissible on a case stated.