The appeal against the appeal: what today’s hearing is all about

Dan Murphy’s face a hearing where they are fighting an application to have the booze giant’s appeal against the Liquor Commission’s decision to reject their bid to build a Darwin store thrown out. We explain it here.

Dan Murphy’s have said if their application is unsuccessful they will take the matter to the Supreme Court.

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Dan Murphy’s today face a hearing where they are fighting an application to have the booze giant’s appeal against the Liquor Commission’s decision to reject their bid to build a Darwin store thrown out.

The application against the appeal questions how a liquor licence from a small Stuart Park BWS bottle shop could be “substituted” to a larger-scale Dan Murphy’s booze barn in Eaton.

Dan Murphy's concept plans for its Darwin store.

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“This is clearly not an application to move a BWS store or the Douglas St store to another premises,” legal representation Tom Anderson said at a directions hearing last month.

“Essentially what the application has sought to do is … (Dan Murphy’s) saying ‘we want to open a completely new and different licence’.”

Tom Anderson will be representing Foundation of Alcohol Research and Education, the Public Health Association NT Chapter and Lesley Alford at today’s hearing. Picture: Justin Kennedy

Dan Murphy's social media advertising campaign.

If unsuccessful, Dan Murphy’s have said they will take the matter to the Supreme Court.

But if they are successful, Dan Murphy’s will be clear to challenge the rejection of the application. That appeal would likely go ahead in March.

Written arguments and evidence have been exchanged since the November 11 meeting, before verbal arguments and presentations are made today.