Hackham Community Sports & Social Club Inc v Joperi Hotel Pty Ltd

[2009] SASC 33

SUPREME COURT OF SOUTH AUSTRALIA

(Full Court: Permission to Appeal in Private)

HACKHAM COMMUNITY SPORTS & SOCIAL CLUB INC v JOPERI HOTEL PTY LTD & ORS

[2009] SASC 33

Judgment of The Full Court

(The Honourable Justice Gray, The Honourable Justice Sulan and The Honourable Justice Kourakis)

20 February 2009

APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE

Appeal - application for permission to appeal in private - permission granted.

Liquor Licensing Act 1997 (SA) s 60, referred to.

HACKHAM COMMUNITY SPORTS & SOCIAL CLUB INC v JOPERI HOTEL PTY LTD & ORS
[2009] SASC 33

Full Court        Gray, Sulan and Kourakis JJ

1. THE COURT        This is an application for permission to appeal from a decision of a Judge of the Licensing Court delivered on 28 November 2008. The learned Judge dismissed an application for an order approving the removal of a club liquor licence to proposed new premises pursuant to section 60 of the Liquor Licensing Act 1997 (SA).

2. The application for permission was considered in private on the papers.  The Court has had the opportunity to review the judgment of the Licensing Court and the detailed written submissions in support of the application for permission.  The Court is of the opinion that permission should be granted.  Issues of law and mixed fact and law arise.  The interests of justice call for an order granting permission.

3. The order of the Court is that permission be granted to Hackham Community Sports & Social Club Inc to appeal to the Full Court of the Supreme Court from the judgment of the Licensing Court of South Australia of 28 November 2008 refusing the application of Hackham Community Sports & Social Club Inc for an order approving the removal of a club liquor licence to proposed new premises pursuant to section 60 of the Liquor Licensing Act 1997 (SA).