Williams v Licensing Court of NSW

Case

[2000] NSWSC 1222

20 December 2000


Details
AGLC Case Decision Date
Williams v Licensing Court of NSW [2000] NSWSC 1222 [2000] NSWSC 1222 20 December 2000

CaseChat Overview and Summary

The court was asked to determine the meaning of the phrase "as a result of an application that was finally determined" in section 161A(4) of the Liquor Act 1982. The applicant, Williams, sought an order for a review of a decision by the Licensing Court of NSW. The applicant argued that a grant of a conditional licence by the Licensing Court was not a final determination of the application for the purposes of section 161A(4). The applicant argued that consideration of entitlements under the section was only available if the decision was a final determination of the application. The court was required to decide whether the grant of a conditional licence by the Licensing Court was a final determination of the application for the purposes of section 161A(4).

The court found that the phrase "as a result of an application that was finally determined" in section 161A(4) of the Liquor Act 1982 was clear and unambiguous. The court found that the grant of a conditional licence by the Licensing Court was a final determination of the application for the purposes of the section. The court found that the consideration of entitlements under the section was available as a result of the final determination of the application by the Licensing Court. The court found that the applicant's argument that consideration of entitlements was only available if the decision was a final determination of the application was incorrect.

The court ordered that the application for review be dismissed with costs. The court found that the applicant's argument was without merit and that the decision of the Licensing Court was correct. The court found that the grant of a conditional licence by the Licensing Court was a final determination of the application for the purposes of section 161A(4) of the Liquor Act 1982. The court found that the consideration of entitlements under the section was available as a result of the final determination of the application by the Licensing Court.
Details

Areas of Law

  • Administrative Law

Legal Concepts

  • Statutory Interpretation

  • Jurisdiction

  • Res Judicata