Issued by the Independent Liquor & Gaming Authority:
On 5 June 2023 the NSW Supreme Court handed down its judgment in the matter of Whitebull HTL Pty Ltd, Area Hotel, The Griffith Hotel Pty Ltd v Independent Liquor & Gaming Authority. ILGA has complied with the resulting court orders. The judgment also impacts ILGA’s decision making processes and powers under the Gaming Machines Act 2001, including powers to impose harm minimisation conditions on licences.
On 21 June 2023 solicitors for ILGA filed an appeal in respect of the Whitebull decision. An application for expedition was granted. The appeal is set down for hearing on 16 August 2023.
At its meeting also on 21 June, ILGA considered the decision, its impact on applications for approval of certain transactions in relation to gaming machine transfers and threshold increases, and the importance of predictability in the market for gaming machine entitlements.
Having given careful thought to these factors, its options and the potential consequences of each one, as an interim measure ILGA has decided to defer consideration of matters which may be impacted by the outcome of the appeal.
ILGA therefore informs applicants, potential applicants and their legal advisers that consideration of the following matters will be deferred pending finalisation of the appeal:
ILGA is working towards swift resolution and appreciates applicants’ patience in the meantime.
