Grant v The Star Entertainment Qld Ltd - [2022] QCAT 289

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Grant & Anor v The Star Entertainment Qld Ltd [2022] QCAT 289

PARTIES:

MARK TIMOTHY GRANT
NATHAN TRENT ANDERSON

(applicants)

v

THE STAR ENTERTAINMENT QLD LTD

(respondent)

APPLICATION NO/S:

GAR098-18

MATTER TYPE:

General administrative review matters

DELIVERED ON:

3 August 2022

HEARING DATE:

5 November 2020

HEARD AT:

Brisbane

DECISION OF:

Member Fitzpatrick

ORDERS:

1. the Notification of Exclusion addressed to Mark Timothy Grant dated 2 March 2018 be set aside and a decision substituted that no grounds exist for a direction under s92 of the Casino Control Act 1982 (Qld) that Mark Timothy Grant is prohibited from entering or remaining in the Star Gold Coast and Treasury Brisbane Casinos because of alleged conduct on 18 and 19 February 2018.

2. The Notification of Exclusion addressed to Nathan Trent Anderson dated 2 March 2018 be set aside and a decision substituted that no grounds exist for a direction under s92 of the Casino Control Act 1982 (Qld) that Nathan Trent Anderson is prohibited from entering or remaining in the Star Gold Coast and Treasury Brisbane Casinos because of alleged conduct on 18 and 19 February 2018.

3. The application for miscellaneous matters filed 6 November 2020 is dismissed.

CATCHWORDS:

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – Review of decision to exclude applicants from casinos – allegations of dishonesty and conduct affecting the integrity of gaming – anomaly in cards – game of chance and skill

Acts Interpretation Act 1954 (Qld), s 14A
Casino Control Act 1982 (Qld), s 3, s 58(b), s 62, s 91A, s 91B, s 92, s 103, s 110A

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 19, s 20, s 24

Ivey v Genting Casinos UK Limited T/A Crockfords Club [2014] EWHC 3394
Ivey v Genting Casinos UK Limited T/A Crockfords Club [2016] EWCA Civ 109
Ivey v Genting Casinos UK Limited T/A Crockfords Club [2017] UKSC 67
Macleod v The Queen (2003) 214 CLR 230
Peters v The Queen (1998) 192CLR 493
R v Dillon; Ex parte Attorney-General (Qld) [2015] QCA 155

R v Elizabeth Margaret Orchard [2018] QCA 058

APPEARANCES & REPRESENTATION:

Applicants:

Self-represented

Respondent:

D de Jersey QC instructed by King & Wood Mallesons

REASONS FOR DECISION

This is an application to review a notification of exclusion given by the respondent The Star Entertainment Qld Ltd (Star) with respect to the applicant Mark Timothy Grant dated 2 March 2018 and a notification of exclusion given by Star with respect to the applicant Nathan Trent Anderson, dated 2 March 2018. Each of the applicants filed an application for review and the proceedings were consolidated by Directions made 17 July 2018.
Both notifications prohibit Mr Grant and Mr Anderson from entering or remaining in The Star Gold Coast and Treasury Brisbane Casinos pursuant to section 92 of the Casino Control Act 1982 (Qld). The direction under s92 of the Casino Control Act is said to remain in force until revoked by the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Keep reading for free

Create a free CaseChat account to read Grant v The Star Entertainment Qld Ltd and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2022] QCAT 289
Decision Date

CaseChat Overview and Summary

This is an application to review a notification of exclusion given by The Star Entertainment Qld Ltd (Star) with respect to the applicant Mark Timothy Grant dated 2 March 2018 and a notification of exclusion given by Star with respect to the applicant Nathan Trent Anderson, dated 2 March 2018. Both notifications prohibit Mr Grant and Mr Anderson from entering or remaining in The Star Gold Coast and Treasury Brisbane Casinos pursuant to section 92 of the Casino Control Act 1982 (Qld). The notifications of exclusion were also accompanied by notices of "withdrawal of licence under common law Jupiters Hotel & Casino and Treasury Casino & Hotel", dated 2 March 2018. The withdrawal of licence does not form any part of these proceedings. The issue is whether there are reasonable grounds for believing, in accordance with s92 of the Casino Control Act that:(a)Mr Grant and/or Mr Anderson has engaged in dishonest acts in relation to gaming; or(b)Mr Grant and/or Mr Anderson has acted in a way affecting, or potentially affecting the proper conduct or integrity of gaming. The applicants relied on evidence of Mr Colin Petersen who was not required for cross-examination. Mr Petersen's statement sets out his observation from working as a casino dealer that the use of hand gestures and body language are common between players of Pontoon. As all cards are dealt face up in Pontoon there is no restriction on players sharing information about their hand or strategy with other players. It is not expected that players declare any relationship to other players. Mr Petersen’s evidence is accepted on the basis that it was not challenged. The court found that neither Mr Grant nor Mr Anderson engaged in dishonest acts in relation to gaming by using knowledge of the presence of asymmetrically backed cards to make what Mr Grant considered to be a better guess as to the value of cards about to be dealt. The court also found that the conduct of Mr Grant or Mr Anderson did not involve any form of dishonesty, involving lying, cheating, stealing or fraud by the ordinary meaning of the word, or that they were not honest. It was further found that there were no reasonable grounds for a belief that the terms of s92 of the Casino Control Act 1982 (Qld) are met. The correct and preferable decision is that there is no basis to exclude Mr Grant and Mr Anderson from The Star Gold Coast and Treasury Brisbane casinos pursuant to s92 of the Act. It is ordered that:(a)the Notification of Exclusion addressed to Mark Timothy Grant dated 2 March 2018 be set aside and a decision substituted that no grounds exist for a direction under s92 of the Casino Control Act 1982 that Mark Timothy Grant is prohibited from entering or remaining in the Star Gold Coast and Treasury Brisbane Casinos because of alleged conduct on 18 and 19 February 2018.(b)The Notification of Exclusion addressed to Nathan Trent Anderson dated 2 March 2018 be set aside and a decision substituted that no grounds exist for a direction under s92 of the Casino Control Act 1982 (Qld) that Nathan Trent Anderson is prohibited from entering or remaining in the Star Gold Coast and Treasury Brisbane Casinos because of alleged conduct on 18 and 19 February 2018.

Orders