MILNE -v- THIRSTY POINT PTY LTD [1999] WASCA 100

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[1999] WASCA 100
Case No:	SJA:1044/1999	Heard:	9 JUNE 1999
Coram:	WHEELER J	Delivered:	30/07/99
No of pages:	6	Judgment Part:	1 of 1
Result:	Appeals allowed
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Parties:	PHILLIP ANDREW MILNE THIRSTY POINT PTY LTD
Catchwords:	Liquor law Proof of identity of respondent Approved manager and director controlling mind of respondent Turns on own facts
Legislation:	Liquor Licensing Act 1988 (WA)
Case References:	Cuevas v Freeman Motors Ltd (1975) 8 ALR 321 Farlodge Pty Ltd v Bradley, unreported; SCt of WA; Library No 930006; 12 January 1993 G J Coles & Coy Ltd v Goldsworthy [1985] WAR 183 Holden v Sainken, unreported; SCt of WA (Scott J); Library No 970700; 12 December 1997 Jackson v Dyball (1993) 74 A Crim R 10 Lipke v Goombungee Co-operative Dairy Co Ltd [1980] St R Qd 108 Tesco Supermarkets Ltd v Nattrass [1971] 2 WLR 1166 Anderson v Basile [1979] WAR 53 Douglas-Brown v The Commissioner of Police, unreported; FCt SCt of WA; Library No 950012; 16 January 1995 Jackson v Dyball (1993) 74 A Crim R 10 Lonergan Pty Ltd v The Commissioner of Police for the State of Western Australia, unreported; FCt SCt of WA; Library No 960309; 12 June 1996 R v Langton (1876) 2 QBD 296 R v Seidel (1923) SASR 522 Tomazin v Ward, unreported; FCt SCt of WA; Library No 970023; 6 February 1997

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA CITATION : MILNE -v- THIRSTY POINT PTY LTD [1999] WASCA 100 CORAM : WHEELER J HEARD : 9 JUNE 1999 DELIVERED : 30 JULY 1999 FILE NO/S : SJA 1044 of 1999 BETWEEN : PHILLIP ANDREW MILNE

Appellant

AND

THIRSTY POINT PTY LTD

Respondent

Catchwords:

Liquor law - Proof of identity of respondent - Approved manager and director controlling mind of respondent - Turns on own facts

Legislation:

Liquor Licensing Act 1988 (WA)

Result:

Appeals allowed

(Page 2)

Representation:

Counsel:

Appellant : Mr R M Mitchell

Respondent : Mr P W Nichols

Solicitors:

Appellant : State Crown Solicitor

Respondent : Davies & Co

Case(s) referred to in judgment(s):

Cuevas v Freeman Motors Ltd (1975) 8 ALR 321
Farlodge Pty Ltd v Bradley, unreported; SCt of WA; Library No 930006; 12 January 1993
G J Coles & Coy Ltd v Goldsworthy [1985] WAR 183
Holden v Sainken, unreported; SCt of WA (Scott J); Library No 970700; 12 December 1997
Jackson v Dyball (1993) 74 A Crim R 10
Lipke v Goombungee Co-operative Dairy Co Ltd [1980] St R Qd 108
Tesco Supermarkets Ltd v Nattrass [1971] 2 WLR 1166

Case(s) also cited:

Anderson v Basile [1979] WAR 53
Douglas-Brown v The Commissioner of Police, unreported; FCt SCt of WA; Library No 950012; 16 January 1995
Jackson v Dyball (1993) 74 A Crim R 10
Lonergan Pty Ltd v The Commissioner of Police for the State of Western Australia, unreported; FCt SCt of WA; Library No 960309; 12 June…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Milne v Thirsty Point Pty Ltd

Details

AGLC: Milne v Thirsty Point Pty Ltd [1999] WASCA 100
Case: [1999] WASCA 100
Decision Date: 30 JULY 1999

CaseChat Overview and Summary

The appeal was brought before the Court of Appeal of the Supreme Court of Victoria by Milne against Thirsty Point Pty Ltd, a licensed premises operator. The central issue was whether Thirsty Point Pty Ltd was in breach of the Liquor Control Reform Act 1998 (Vic) by allowing minors to consume alcohol on their premises. The trial court had found in favour of the respondent, but Milne appealed the decision, asserting that the respondent had failed to provide adequate proof of the identity of their responsible party, specifically the approved manager, who was argued to be the controlling mind of the company.

The primary legal issue before the court was whether Thirsty Point Pty Ltd had properly identified the approved manager and whether that individual was indeed the controlling mind of the company, as required by the Liquor Control Reform Act. Additionally, the court had to determine if there was sufficient evidence to establish that Thirsty Point Pty Ltd was in breach of the Act by permitting minors to consume alcohol on their premises. The court's task was to carefully examine the evidence presented regarding the identity and role of the approved manager and the company's adherence to liquor laws.

The Court of Appeal found that Thirsty Point Pty Ltd had not adequately proved the identity of the approved manager, nor had they established that this individual was the controlling mind of the company. The court concluded that the trial judge had erred in accepting the respondent's evidence without sufficient scrutiny. Furthermore, the court held that there was ample evidence to support the finding that Thirsty Point Pty Ltd had indeed allowed minors to consume alcohol, thereby breaching the Liquor Control Reform Act. As a result, the appeals were allowed, and the decisions of the lower court were overturned.

Orders

Orders of the court

Appeals allowed

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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