Re Romato; Ex parte Mitchell James Holdings Pty Ltd

Link copied
Case Copied 28 min read

RE ROMATO; EX PARTE MITCHELL JAMES HOLDINGS PTY LTD [2001] WASCA 286



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2001] WASCA 286
Case No:CIV:2585/200016 AUGUST 2001
Coram:WALLWORK J
STEYTLER J
McLURE J
19/09/01
18Judgment Part:1 of 1
Result: Order nisi discharged
B
PDF Version
Parties:MITCHELL JAMES HOLDINGS PTY LTD
DIRECTOR OF LIQUOR LICENSING

Catchwords:

Administrative law
Application of policy of Director of Liquor Licensing concerning extended trading permits for Sundays
Whether policy lawful
Whether policy flexibly applied
Whether Acting Deputy Director acted under dictation or took into account irrelevant considerations
Whether Acting Deputy Director bound by doctrine of precedent
Liquor licensing
Application for extended trading permit under s 60(4)(g) of the Liquor Licensing Act 1988
Whether policy relating to extended trading permits for Sundays inconsistent with the Liquor Licensing Act 1988

Legislation:

Conciliation and Arbitration Act 1904 (Cth) s 31(1)
Interpretation Act 1984 s 58, s 59
Liquor Licensing Act 1988 s 5(1), s 5(2)(g), s 15, s 25(5), s 33, s 41,s 60(1), s 60(4)(g), s 76(1), s 76(2), s 97

Case References:

AG (NSW) v Quin (1990) 170 CLR 1
Ansett Transport Industries (Operations) Pty Ltd v Commonwealth (1977) 139 CLR 54
Australian Fisheries Management Authority v PW Adams Pty Ltd (1995) 61 FCR 314
British Oxygen Co Ltd v Minister of Technology [1971] AC 610
Commissioner of State Revenue v Royal Insurance Australia Ltd (1994) 182 CLR 51
Evans v Donaldson (1909) 9 CLR 140
Green v Daniels (1977) 51 ALJR 463
Legal Services Commission of New South Wales v Stephens [1981] 2 NSWLR 697
Marks v Shire of Swanhill [1974] VR 896
Minister for Immigration and Ethnic Affairs v Tagle (1983) 67 FLR 164
Perder Investments Pty Ltd v Lightowler (1990) 25 FCR 150
R v Anderson; Ex parte IPEC-Air Pty Ltd (1965) 113 CLR 177
R v Moore; Ex parte Australian Telephone and Phonogram Officers' Association (1982) 148 CLR 600
R v Port of London Authority; Ex parte Kynoch Ltd (1919) 1 KB 176
Randall v Council of the Town of Northcote (1910) 11 CLR 100
Re Drake v Minister for Immigration and Ethnic Affairs (No 2) (1979) 2 ALD 634
Re Stevenson v Commonwealth (1987) 13 ALO 524
Tang v Minister for Immigration and Ethnic Affairs (1986) 67 ALR 177

Agua Marga Pty Ltd v Minister of State for the Interior (1973) 22 FLR 136
Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147
Belcaro Pty Ltd v Brisbane City Council (1963) 110 CLR 253
Executive Director of Health v Lily Creek International Pty Ltd (2000) 22 WAR 510
F Hoffman-La Roche & Co v Secretary of State for Trade & Industry [1975] AC 295
H Lavender & Son Ltd v Minister of Housing and Local Government [1970] 1 WLR 1231
Jericho Nominees Pty Ltd v Dileum Pty Ltd (1992) 6 WAR 380
Macksville & District Hospital v Mayze (1987) 10 NSWLR 708
O'Sullivan v Farrer (1989) 168 CLR 210
CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Re Romato; Ex parte Mitchell James Holdings Pty Ltd and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2001] WASCA 286
Decision Date

CaseChat Overview and Summary

The matter of Re Romato; Ex parte Mitchell James Holdings Pty Ltd involved Mitchell James Holdings Pty Ltd, the applicant, seeking judicial review of a decision by the Acting Deputy Director of Liquor Licensing. The applicant, which operates a licensed venue, sought an extended trading permit to operate on Sundays. The Director of Liquor Licensing had issued a policy that effectively denied such permits, which the applicant argued was inconsistent with the Liquor Licensing Act 1988. The central issue before the court was whether the policy was lawful, whether it was applied flexibly, and whether the Acting Deputy Director acted under dictation or took into account irrelevant considerations. Additionally, the court had to determine if the Acting Deputy Director was bound by the doctrine of precedent in denying the application.

The court examined whether the policy, which effectively denied extended trading permits for Sundays, was consistent with the Liquor Licensing Act 1988. It found that the policy did not align with the Act, which required the Director to consider the impact on public order and the interests of the community. The court held that the policy was not flexible and did not adequately consider the individual circumstances of each application. Furthermore, the Acting Deputy Director did not act under dictation but failed to apply the law correctly by considering irrelevant factors. The doctrine of precedent did not bind the Acting Deputy Director to deny the application if it was not in line with the statutory requirements.

In conclusion, the court found that the policy was unlawful and not applied in accordance with the Act. The Acting Deputy Director did not act under dictation but failed to consider the application on its merits. Consequently, the court discharged the order nisi, effectively quashing the decision of the Acting Deputy Director. The matter was remitted back to the Acting Deputy Director for reconsideration in light of the court's findings.

Orders

Orders of the court

Order nisi discharged

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.