Hinkley v Star City Pty Ltd

The case of *Hinkley v Star City Pty Ltd* concerned an appeal to the Court of Appeal of New South Wales. The appellant, Mr. Hinkley, had been excluded from Star City Casino by the respondent, Star City Pty Ltd. Mr. Hinkley contended that the casino operator was obliged to afford him natural justice before excluding him from the premises.

The central legal issue before the court was whether Star City Pty Ltd, as the operator of the casino, was under a legal obligation to provide natural justice to Mr. Hinkley prior to excluding him from the casino premises. This involved determining whether the exclusion was an exercise of a private right by the occupier of the premises or an exercise of statutory power that would attract procedural fairness obligations.

The Court of Appeal held that Star City Pty Ltd was not obliged to afford natural justice to Mr. Hinkley. The court reasoned that the casino operator, in its capacity as the occupier of the casino premises, had a right to control entry and exclude individuals. The court found that the exclusion was an exercise of this private right as occupier, rather than an exercise of statutory power that would necessitate adherence to the principles of natural justice. Even if the exclusion were considered an exercise of statutory power, the court found that the relevant provisions of the *Casino Control Act 1992* (NSW) did not impose such an obligation in this context.

Consequently, the Court of Appeal granted leave to appeal but dismissed the appeal, ordering Mr. Hinkley to pay Star City Pty Ltd's costs.