Lisafa Holdings Pty Ltd v The Gaming Tribunal [No 2]

Lisafa Holdings Pty Ltd sought judicial review of a decision made by The Gaming Tribunal. The dispute concerned the Tribunal's jurisdiction to hear and determine an appeal against a decision of the Licensing Court of New South Wales. The matter came before the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether the Gaming Tribunal had the power to entertain an appeal from a decision of the Licensing Court in circumstances where the Licensing Court had itself been exercising its appellate jurisdiction. Specifically, the Court had to determine the scope of the Gaming Tribunal's appellate functions and whether it could review a decision that was already the product of an appeal.

The Court of Appeal held that the Gaming Tribunal's jurisdiction was limited to hearing appeals from original decisions of the Licensing Court, not from decisions made by the Licensing Court in its appellate capacity. The Court reasoned that to allow the Gaming Tribunal to hear an appeal from an appellate decision of the Licensing Court would create an infinite loop of appeals, which was not the intention of the relevant legislation. The principle applied was that statutory rights of appeal are to be construed strictly and do not extend beyond what is expressly provided for or necessarily implied.

The Court of Appeal accordingly found that the Gaming Tribunal had acted without jurisdiction in hearing the appeal. The orders made by the Gaming Tribunal were therefore quashed.