Long running Dan Murphy’s stoush to be decided by full bench of NT’s highest court

The fate of Dan Murphy’s future in Darwin now rests with the full bench of the Territory’s highest court after Justice Judith Kelly referred the case up on Friday.

The battle over Darwin’s first booze barn resumes today.

UPDATE: THE fate of Dan Murphy’s future in Darwin now rests with the full bench of the Territory’s highest court after Justice Judith Kelly referred the case up on Friday.

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Dan Murphy’s parent company Woolworths is appealing a decision of the NT Liquor Commission ruling an existing licence cannot be transferred to a store that’s yet to be built.

Justice Kelly was due to hear the appeal on February 21 but called the parties together on Friday after concluding her ruling would likely be further appealed to the full bench anyway.

Justice Kelly said there were “respectable arguments either way” and given how important the matter was to both parties another appeal was almost inevitable.

“Whatever decision I make is likely to go on to appeal in any event so it may be a more effective use of court time and save costs and time for the parties if it goes straight to a bench of three,” she said.

“I’ll simply refer the entire proceeding to a full court bench and the same timetable will apply.”

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Lawyers for Woolworths and the Liquor Commission both agreed to the move.

EARLIER: THE long-running stoush over Darwin’s planned Dan Murphy’s booze barn will again return to court this afternoon in a bid to overturn a controversial decision to ban the outlet.

A ruling of the NT Civil and Administrative Tribunal determining that a liquor licence cannot be transferred from an existing outlet to one that is yet to be built put the brakes on the process last month.

Lawyers for Dan Murphy’s parent company Woolworths have are seeking leave to challenge that decision in the Supreme Court and will again plead their case before a judge today.

On the last occasion, Woolworths’ lawyer Alastair Wyvill SC told the Supreme Court the matter was “a one issue case” which if Woolworths’ submissions were accepted would be “fatal” to the earlier decision.

Chief Minister Michael Gunner has said his government will address the legal technicality when parliament next sits.

Today’s hearing is expected to be largely procedural with no final ruling likely to be handed down.