Kordister Pty Ltd v Director of Liquor Licensing and the Chief Commissioner of Police

Kordister Pty Ltd, the operator of a 24-hour bottle shop, appealed against a decision of the Victorian Civil and Administrative Tribunal (VCAT) which refused to reduce the hours of their bottle shop. The Chief Commissioner of Police opposed the application. The appeal was heard by the Supreme Court of Victoria, which had to determine whether VCAT's refusal was erroneous in law. The primary issue was whether the object of harm minimisation, as outlined in the Liquor Control Reform Act 1998, was the primary purpose of the Act. The court also had to determine whether the harm minimisation principle required the decision-maker to find that the extended trading hours were a direct cause of the harm to be minimised. Additionally, the court examined whether the Tribunal appropriately considered the Panel’s recommendation, and whether it was permissible for the Tribunal to make findings about the general impact on the business or industry without supporting evidence.

The Supreme Court found that the object of harm minimisation was indeed the primary purpose of the Act. However, the harm minimisation principle did not necessarily require a direct causal link between the extended trading hours and the harm to be minimised. The court held that the Tribunal had failed to give full consideration to the Panel’s recommendation, which was a critical error under section 47(1) of the Act. Furthermore, the court held that the Tribunal could not make findings about the general impact of the decision on the business or industry without evidence or material before it, and these findings were pivotal to VCAT's decision to refuse the application.

Ultimately, the Supreme Court allowed the appeal and remitted the matter back to VCAT for reconsideration. The court's decision underscored the importance of correctly interpreting the primary purpose of the Act and the necessity for decision-makers to give full consideration to relevant recommendations and evidence.