Danila Dilba launches legal action against Woolworths Group, Director of Liquor licensing for approving Darwin Dan Murphy’s

AN INDIGENOUS health service has launched legal action against the NT Director of Liquor Licensing for approving the Darwin Dan Murphy’s store without ‘proper consideration’ of the potential impacts on the community

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DAN Murphy’s bid to open a megastore in Darwin has hit another snag because an Indigenous health service has launched legal action against the NT Director of Liquor Licensing for green-lighting the plans without “proper consideration” of the potential impacts on the community.

Danila Dilba health service has launched legal action in the Darwin Supreme Court against both the Director and Woolworths Group, which owns Dan Murphy’s, asking for the liquor licence approval to be cancelled.

Olga Havnen is the chief executive of the Danila Dilba Health Service

Danila Dilba chief executive Olga Havnen said the decision to approve the liquor licence failed to properly weigh up the risks and benefits of the new store.

“There’s no harm caused to the community by taking the time to properly consider the public interest and community impact of the proposal, but there is a lot of potential harm in a rushed process that neglects the public health impact,” she said.

“Our region is making progress with addressing alcohol-related harm, resulting in lower rates of assault, road accidents and emergency department presentations.

“The rushed decision to approve a Dan Murphy’s megastore is likely to unwind much of the good work we have achieved in reducing the harm caused by alcohol.”

Maurice Blackburn special counsel Jacinta Lewin, who is taking on the case as a part of the firm’s Social Justice Practice, said they would not be arguing whether or not the decision to grant a licence was correct, but “whether the decision making process was valid.”

A concept design of Darwin’s Dan Murphy.

“We are asking the court to consider whether there was a failure to consider key evidence including community views, if parts of the decision were illogical or irrational, and whether it was even open to the Liquor Licensing Director to make the decision at the relevant time,” she said.

“We are asking the court to quash the decision on these grounds, and ensure that a decision that impacts the community is lawfully made.”

Ms Lewin said they would also question whether the Director had the right powers to make the decision.

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Ms Lewin said she expects the matter to be listed for a mention in the NT Supreme Court in the next few weeks before going to a hearing.

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