Lock out Laws locked out by the Court

Friday , 26, August 2016 Leave a comment


CASE : Stuart v O’Connor as Acting Deputy Secretary of the Department of Justice and State of New South Wales [2016] NSWSC 1179
Supreme Court of New South Wales
lockout
Issue : This was an Administrative law case about statutory construction.  The Government  of NSW introduced Lock Out Laws, one licensee of hotel contended the Government’s declaration that an area within hotel was subject to “lockout laws” was invalid due to the Liquor Regulations were ultra vires and not a proper exercise of the Governor’s regulation-making power conferred by s116I Liquor Act.
HELD  :
Liquor Regulation were not a proper exercise of the Governor’s regulation-making power conferred by s116I Liquor Act – first Government’s declaration invalid.

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