Laundy v Stivano; Lambert v Stivano; Fairfield City Council v Stivano; Director of Liquor and Gaming v Stivano

The case involved multiple parties, including Laundy, Lambert, and Fairfield City Council, who were plaintiffs, and Stivano, who was the defendant. The dispute centred on the transfer of a liquor licence for a premises located in Fairfield, New South Wales. The plaintiffs objected to the transfer on various grounds, and the Director of Liquor and Gaming also expressed concerns about the suitability of the applicant for a licence. The case was heard in the Supreme Court of New South Wales.

The central legal issues revolved around the criteria for granting or refusing a liquor licence transfer under the Liquor Act 2007 (NSW). Specifically, the court needed to determine whether the primary purpose of the transfer was lawful, and whether the objections raised by the plaintiffs and the Director of Liquor and Gaming were valid grounds for refusal. Additionally, the court had to consider the discretion available to grant the licence transfer despite the objections raised.

The court examined the relevant legislation and case law to address these issues. It found that the primary purpose of the transfer was not unlawful, and that the objections raised by the plaintiffs and the Director of Liquor and Gaming were not sufficient grounds for refusal. The court also considered the discretion available to grant the licence transfer despite the objections. Ultimately, the court determined that the objections were not well-founded and granted the transfer. The Director of Liquor and Gaming's standing to intervene was also upheld by the court.

The final orders of the court included the transfer of the liquor licence to the defendant, Stivano, and a declaration that the objections raised by the plaintiffs and the Director of Liquor and Gaming were not valid grounds for refusal. The court also dismissed the application for review by the Director of Liquor and Gaming, finding that it had no standing to intervene in the matter.