La La Land Byron Bay Pty Ltd v The Independent Liquor and Gaming Authority

The Independent Liquor and Gaming Authority (ILGA) reduced the trading hours of La La Land Byron Bay Pty Ltd's premises from 3am to midnight on Sunday nights. La La Land sought judicial review of the ILGA's decision. The Administrative Law Division of the Federal Circuit and Family Court of Australia heard the case. The plaintiff argued that the ILGA had made its decision in error, alleging actual and apprehended bias due to interactions between the ILGA and the police, and public statements made by the ILGA's Chair. La La Land also contested the ILGA's interpretation of "public interest" and whether the ILGA was required to consider it when exercising its power to vary trading hours.

The court held that no error was shown in the ILGA's reasons for reducing the trading hours. The ILGA correctly applied the relevant test and was open to persuasion. The court dismissed the claims of actual and apprehended bias, noting that the ILGA was entitled to form preliminary views about applications based on experience, and judicial decision-making was not the relevant paradigm. Regarding the interpretation of "public interest", the court found that the ILGA was not required to consider it, as the statutory wording did not mandate such consideration. The court also determined that the requirements in s 49(8) of the Liquor Act should not be read into the ILGA's power to vary trading hours under s 51(9)(b), as clear statutory wording was necessary to bring about that result.

The court granted the plaintiff an extension of time to formulate the grounds in the summons, finding it reasonable for La La Land to await the forthcoming reasons before doing so. The court dismissed the application for judicial review and made no orders as to costs.