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Article: Liquor Licence Applicants Win Their Fight To Be Afforded Procedural Fairness: A Landmark Appeal To The Supreme Court Of WA.
- Article from:
- Mondaq Business Briefing
- Article date:
- June 1, 2009
CopyrightCOPYRIGHT 2009 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Article by Eagul Faigen and Nathalie Rassool
On 5 September 2008, in the case of Hancock v Executive Director of Public Health [2008] WASC 224, Martin CJ in the Supreme Court of Western Australia quashed a decision of the Liquor Commission (Commission)/Delegate of the Director of Liquor Licensing (Delegate) to reject an application for the grant of a hotel restricted licence (HRL), on the basis that the Delegate and Commission had failed to afford the applicant procedural fairness as required under the Liquor Control Act 1988 (WA) (Act).
This is a landmark appeal in Western Australia as it is the first ever appeal to the Supreme Court of Western ...