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Submission Sessional Committee on the Use and Abuse of Alcohol by the Community 051 Pitjantjatjara Council Inc



Submission Sessional Committee on the Use and Abuse of Alcohol by the Community 051 Pitjantjatjara Council Inc

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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.




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have thought. There is an aspect of this case that arises from what appears to be the partisan role taken by the Commission that should concern this court as it would any superior court confronted with a like situation. When a decision of a statutory tribunal is the subject of an action for judicial review, the tribunal should not normally become involved in the contest between the other parties in the review proceedings. I suspect that the renewing of the licences by the Commission on 12 and 14 September 1989 may have been done in order to frustrate the purpose of these actions. Having regard to what counsel for the Commission said by way of explanation, the Commission itself contended that its own acts of renewing the licences should prevent the plaintiff's actions from being heard on their merits and cause them to be terminated. The suspicion that the renewals were granted for this purpose is rendered especially strong because, by reason of the deeming effect of section 37 of the Act, there was no reason for the Commission not to have awaited the outcome of the litigation before renewing the licences. Neither Peter Arnold Severin nor Erldunda Motel Pty Ltd would have suffered any inconvenience. The Commission .stepped into the arena in the proceedings before the Master. Counsel for the Commission put the extraordinary submission that the Commission had remained neutral in the dispute before the Master and had merely adopted the submissions of Mr Reeves, counsel for Peter Arnold Severin and Erldunda Motel Pty Ltd!

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