Liquor Administration Board v Williams

The Liquor Administration Board appealed to the Court of Appeal of New South Wales against a decision of a single judge of the Supreme Court. The dispute concerned the interpretation of section 161A(4) of the *Liquor Act 1982* (NSW) and whether the Liquor Administration Board constituted an 'authority' for the purposes of that section, and whether its decision was a 'final determination'.

The primary legal issues before the Court of Appeal were: first, whether the Liquor Administration Board was an 'authority' within the meaning of section 161A(4) of the *Liquor Act*; and second, whether the Board's decision to refuse to grant a licence constituted a 'final determination' for the purposes of that section. Section 161A(4) provided for the review of certain decisions by the Supreme Court.

Giles JA, with whom Ipp AJA and Rolfe AJA agreed, reasoned that the Liquor Administration Board was not an 'authority' for the purposes of section 161A(4). His Honour noted that the Act established the Board as a statutory body with specific functions, but that the term 'authority' in section 161A(4) was intended to refer to a body exercising a specific type of power, which the Board's licensing function did not fit. Furthermore, the Court held that the Board's decision to refuse a licence was not a 'final determination' as contemplated by the section, as it did not finally dispose of the applicant's rights or obligations.

Consequently, the appeal was allowed, and the amended summons seeking review of the Board's decision was dismissed.