Dan Murphy’s appeal delayed despite concern liquor licence could be revoked

Woolworths’ appeal against the rejection of its bid to bring Dan Murphy’s to Darwin will now drag on into March, despite concerns the delay could result in its liquor licence expiring.

A court stoush over a bid to build a Dan Murphy’s outlet in Darwin will now drag on into March.

WOOLWORTHS’ appeal against the rejection of its bid to bring Dan Murphy’s to Darwin will now drag on into March, despite concerns the delay could result in its liquor licence expiring.

Chief Justice Michael Grant adjourned the hearing in the Supreme Court on Tuesday until after next month’s parliamentary sittings when legislation aimed at addressing the issue is expected to pass.

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The supermarket giant’s application to transfer an existing licence to the planned grog barn was knocked back by the NT Liquor Commission in December and a subsequent appeal in the NT Civil and Administrative Tribunal was also rejected on a legal technicality.

In response, Attorney-General Natasha Fyles introduced legislation to parliament last week to change the law to specifically allow for the transfer of an existing licence to a store that’s yet to be built.

Meanwhile, Woolworths is seeking a review of the NTCAT ruling in the Supreme Court and on Tuesday the company’s lawyer, Alistair Wyvill SC, told the court the company was “not yet persuaded that this bill in this current form will necessarily solve the problem”.

Mr Wyvill said if that was the case, there was a risk a “guillotine date” in the transition from the old Liquor Act to the new act introduced last year could see the company’s existing licence revoked.

But counsel for the Liquor Commission, Lachlan Peattie, said it was “almost a certainty” that the proposed amendments would resolve the issue, making further hearings a waste of the court’s time.

“Every indication is that the bill will be passed in its current terms,” he said.

“The upshot of that, your honour, is that these amendments will shortly overtake these proceedings and render (the scheduled) hearing on Friday redundant.”

In adjourning the hearing until March 27, Chief Justice Grant said the prospect of the licence being revoked was “remote” and the reason for Woolworths’ concerns about the adequacy of the proposed amendments was “not immediately clear”.

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Chief Justice Grant said if the legislation didn’t end up passing during the March sittings as planned he would convene the full Court of Appeal to hear the case the following week.

“The bill will be subject to public comment and further review before returning to parliament and its passage cannot be said to be guaranteed, parliament’s conduct in that respect can’t be assumed,” he said.

“I note however that the parliamentary process appears to have bipartisan support and in any event, the government has flagged a clear intention to use its majority to ensure passage of the bill.”