Durrisdeer Pty Ltd v Nordale Management Pty Ltd

In the case of Durrisdeer Pty Ltd v Nordale Management Pty Ltd, the appellant, Durrisdeer Pty Ltd, sought to appeal a decision of the Liquor Appeals Tribunal that had set aside a decision of the Chief Executive to grant approval for the sale of liquor from specified premises. The appellant held a general license for a licensed premises known as the Royal George Hotel at Nambour and had sought approval to sell liquor from premises at Pacific Paradise. The appeal was heard in the Supreme Court of Queensland, with the appellant arguing that the Tribunal's decision contained an error of law.

The legal issues before the court were whether the decision of the Liquor Appeals Tribunal amounted to an error of law and whether the Chief Executive's decision of 30 November constituted an approval in terms of s.59(1)(c) of the Liquor Act 1992. The court examined whether the Tribunal's decision reflected an error in identifying an applicable principle or in the application of such a principle. The court found that the Tribunal correctly appreciated that whether the Chief Executive's decision of 30 November constituted an approval in terms of s.59(1)(c) was a question of fact to be decided by consideration of the circumstances of the case.

The court concluded that the Tribunal's decision was not an error of law and that the 30 November notation was not a final disposition, so as to constitute an approval in terms of s.59 of the Act. The court found that the appellant did not have an accrued right in respect of the 30 November notation. The appeal was therefore dismissed with costs.

The court's decision highlights the importance of the Liquor Appeals Tribunal correctly identifying and applying the relevant principles when reviewing a decision of the Chief Executive. The court found that the Tribunal had correctly appreciated the relevant considerations and had not erred in its application of the law. The court's decision also underscores the need for the Chief Executive to ensure that any approval granted under the Liquor Act is a final disposition of the application, subject to any conditions that need to be subsequently complied with.