Darling Casino Ltd v NSW Casino Control Authority

HIGH COURT OF AUSTRALIABRENNAN CJ, DAWSON, TOOHEY, GAUDRON AND GUMMOW JJDARLING CASINO LIMITED v NEW SOUTH WALES CASINO CONTROL AUTHORITY & ORS; F.C. 97/011Administrative law(1997) 191 CLR 6023 April 1997Administrative law Administrative law—Judicial review of decisions of Casino Control Authority—Challenge to grant of licence to establish and operate casino—Jurisdictional error—Errors of law—Privative clause—Application of R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598—Summary dismissal of proceedings. Orders Appeal dismissed with costs. Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports. Decision BRENNAN CJ, DAWSON AND TOOHEY JJ. 1. In our opinion the appellant's attack on the validity of the decision of the respondent Authority to grant a casino licence to Sydney Harbour Casino Pty Limited under the Casino Control Act 1992 (NSW) fails. For the reasons stated by Gaudron and Gummow JJ, we would hold that the Authority's decision was taken in conformity with the general provisions of the Act including ss 9 and 10. It is therefore unnecessary to express any view as to the operation of s 155 of the Act. 2. Although we agree with Gaudron and Gummow JJ that the administrative procedure adopted by the Authority in this case did not affect the validity of the exercise of its power under s 18 to grant a casino licence, it should not be assumed that the exercise of a power conferred in general terms cannot be confined by the procedures adopted...