McDermott v Chief Executive, Office of Liquor and Gaming Regulation

The case of McDermott v Chief Executive, Office of Liquor and Gaming Regulation involved the appellant challenging an interlocutory decision made by a Senior Member of the Civil and Administrative Tribunal of New South Wales. The interlocutory decision pertained to the review of a decision to grant a provisional commercial hotel licence to a respondent, which the appellant opposed. The appellant sought leave to appeal this interlocutory decision, specifically the decision to join the licensee as a party and to allow both respondents to be legally represented.

The primary legal issue before the court was whether the interlocutory decision constituted a final decision for the purposes of an appeal. The court was tasked with determining if the decision to join a party and allow legal representation met the criteria for being a final decision, which would entitle the appellant to seek leave to appeal. This required an analysis of the nature of interlocutory decisions and their appealability under the relevant legislation and case law.

The court held that the interlocutory decision to join a party and permit legal representation did not constitute a final decision. The court reasoned that such decisions are typically not appealable as they do not resolve the substantive issues of the case. Instead, they are preliminary steps in the proceedings that may be reviewed at the conclusion of the case. Consequently, the court found that the appellant was not entitled to leave to appeal the interlocutory decision. The appeal was dismissed, and no orders were made for costs.