Supreme Court to rule on legal technicality holding back Dan Murphy’s development in Darwin

Woolworths will seek to overturn a controversial tribunal decision that effectively ruled out the possibility of the supermarket giant ever establishing a Dan Murphy’s outlet in Darwin.

The Supreme Court will rule on whether a legal technicality holding back a Dan Murphy’’s in Darwin is valid.

WOOLWORTHS will seek to overturn a controversial tribunal decision that effectively ruled out the possibility of the supermarket giant ever establishing a Dan Murphy’s outlet in Darwin.

The NT Civil and Administrative Tribunal last month ruled that under NT law a liquor licence could not be transferred from an existing outlet to one that was yet to be built.

On Monday, Woolworths’ lawyer Alastair Wyvill SC told the Supreme Court leave would be sought to appeal that decision on the “single question” of whether NTCAT applied the law correctly.

Mr Wyvill said the matter was “a one issue case” which if Woolworths’ submissions were accepted would be “fatal” to the earlier decision.

Speaking after the NTCAT decision in December, Chief Minister Michael Gunner said his government would address the legal technicality when parliament sits again next month.

“I strongly support responsible drinkers having more choice and this decision by NTCAT is a massive kick in the guts to Territorians,” he said.

“This decision is technical, impractical and we will fix the legislation in February to allow for Dan Murphy’s to operate in Darwin.”

On Monday, a Territory Government spokeswoman declined to comment further while the matter was before the court but said legislative reform options were still being considered.

The NTCAT ruling followed an NT Liquor Commission ruling that the proposed site near Darwin Airport risked “a significant increase in harm due to the use of liquor”.

“The commission wishes to make clear that it is not opposed to the concept of a Dan Murphy’s store in Darwin,” the decision read.

“However, this is provided that the limitations associated with a substitution application … can be addressed, an appropriate site can be identified and provided that the density impact can be reduced.”