Robinson, Allan --- "R v Liquor Commission & Ors: Ex P. Pitjantjatjara Council Inc. & Stanley Douglas" [1986] AboriginalLawB 21; (1986) 1(19) Aboriginal Law Bulletin 7

• R V Liquor Commission &Amp; Ors: Ex P. Pitjantjatjara Council Inc. &Amp; Stanley Douglas

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R v Liquor Commission & Ors:
Ex P. Pitjantjatjara Council Inc. & Stanley Douglas

Casenote by Allan Robinson

R v Liquor Commission & Ors: Ex P. Pitjantjatjara Council Inc. & Stanley Douglas

Northern Territory Supreme Court 19 October 1984.

Muirhead, J.

The Council and its Chairman opposed the issue of a licence for take-away liquor sales to a tavern in the Yulara tourist resort near Uluru. The Liquor Commission overturned an earlier decision by its own Chairman and issued the take-away Licence. The Council sought certiorari.

His Honour found the Commission was in error in considering only the needs and wishes of the workforce and tourists at Yulara. He held that they should have taken into account the desires of the whole community including Aborigines in and around Yulara. He also found that the Council's Chairman had a special interest in the subject matter of the Commission's determination and therefore had locus standi to make the application for certiorari. He held that the Commission's reasons for its decision formed the record. He declined to exercise his discretion to refuse relief despite a delay in making the application.

His Honour quashed the decision of the Commission and reinstated the initial decision by the Chairman to refuse take-away sales.