On 7 September 2023, the NSW Court of Appeal handed down its decision in the matter of the NSW Independent Liquor & Gaming Authority (ILGA) v 4 Boys (NSW) Pty Ltd [2023] NSWCA 210.
This followed a hearing in the NSW Court of Appeal (the Court) on 14 June 2023.
The Court found in favour of ILGA.
The Court set aside the orders of the Supreme Court dated 9 December 2022 and awarded ILGA costs.
The Court affirmed that ILGA does not have the power under the Gaming Machines Act 2001 (the Act) to revoke or reverse an earlier approval of a gaming machine entitlement (GME) transfer under section 19(2)(a) of the Act or gaming machine threshold (GMT) increase under section 34(4) of the Act.
The decision means that where ILGA approves a GME transfer or a GMT increase, ILGA cannot re-exercise its powers to undo, revoke or reverse that earlier approval.
ILGA reminds applicants that once a GME transfer or GMT increase is approved, the consequences which follow from that approval cannot be undone or revoked.
It follows that applicants are unable to withdraw a GME transfer application or GMT increase application once approved by ILGA.
Visit the Caselaw NSW website to read the NSW Court of Appeal decision.
