Dileum Pty Ltd v Jericho Nominees Pty Ltd

Dileum Pty Ltd, the applicant, sought special leave to appeal to the High Court of Australia from a decision of the Full Court. The dispute concerned the rights of a lessee who conducted a liquor store business on leased premises. Upon the termination of the lease, the lessee wished to protect the valuable goodwill generated during their tenancy, which was intrinsically linked to the liquor store licence.

The central legal issue before the High Court was the interpretation of section 84(1) of the *Liquor Licensing Act 1988* (WA) and its implications for the transfer of a liquor store licence. Specifically, the court was required to determine the conditions under which an application for the transfer of a licence could be granted, particularly in circumstances where the lease was ending and the lessee sought to preserve their interest in the business's goodwill. The court also considered the discretionary nature of licence applications under section 33 of the same Act.

The applicant argued that section 84(1) imposed specific requirements for licence transfers, including either a contract for sale or assignment with the licensee's consent, or leave of the Director. The applicant contended that these categories were disjunctive and that the discretion to grant a licence transfer, as outlined in section 33, was virtually unfettered. The applicant's submission focused on the threshold requirement of obtaining leave from the Director under paragraph (c) of section 84(1) when other conditions were not met.