Submission Sessional Committee on the Use and Abuse of Alcohol by the Community 051 Pitjantjatjara Council Inc
Tabled Paper 271
Tabled Papers for 6th Assembly 1990 - 1994; Tabled Papers; ParliamentNT
Tabled by Eric Poole
Made available by the Legislative Assembly of the Northern Territory under Standing Order 240. Where copyright subsists with a third party it remains with the original owner and permission may be required to reuse the material.
seized of the summonses and while this court was seized of the originating motions. The Master thought the originating motions were not frivolous at the commencement of proceedings, but that they became frivolous by reason of the Commission's own conduct in renewing the licences for the year 1989/1990: see chronological entries for 12 and 14 September 1989, above. As I understand the Master's reasons, if he had decided the applications on, say, 11 September 1989, the applicants would have failed. The immediate question is whether the renewal of the licences rendered the originating summonses futile. to use the Master's word. The Master's decision depended on the correctness of his opinion that the judicial impugning of the renewal proceedings attacked by the originating motions could neither directly nor indirectly materially affect the present licences. With respect, I think the Master may have taken for granted the correctness of the latter. He does not seem to have examined the question. I have not seen a transcript of the proceedings before him so I am unable to say whether counsel argued the point at a l l , but it was not a point that anyone thought should be argued before me and counsel were content to focus entirely on the simple question whether the renewal of the licences was equivalent to the grant of a new l i c e n c e . It is important, when considering such a generality as the statement that the renewal of a licence is the "regranting