Milne v Thirsty Point Pty Ltd

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.