Delaney v Gant

Delaney (the appellant) appealed to the Full Court of the Supreme Court of New South Wales against a conviction for keeping licensed premises open for the sale of liquor outside the permitted hours. The appellant argued that the proclamation under which the hours were fixed was invalid.

The central legal issue before the Court was the validity of a proclamation made under section 57(1) of the *Liquor Act 1912* (NSW), as amended, which specified particular hours on a named day during which licensed premises were to remain closed. The appellant contended that the proclamation was ultra vires the power granted by the Act, as it purported to specify hours rather than simply naming a day.

The Court considered the relevant provisions of the *Liquor Act 1912* and its amendments, particularly section 57(1) which empowered the Governor to name a day on which licensed premises should not be open for the sale of liquor. The Court held that the power to name a day necessarily included the power to specify the hours on that day during which the prohibition would apply. Therefore, the proclamation, by specifying hours, was a valid exercise of the statutory power. The appeal was dismissed.