In Reef House Property Pty Ltd v Commissioner of Liquor and Gaming Regulation [2024] QCA 121, the appellants, Reef House Property Pty Ltd and Reef House Resort Pty Ltd, appealed a decision from the Queensland Civil and Administrative Tribunal (QCAT) that had confirmed the provisional approval of a commercial hotel license granted to MFB Properties (NQ) Pty Ltd by the Commissioner of Liquor and Gaming Regulation. The appellants contended that QCAT failed to conduct a merits review as required, arguing the evidence before the Commissioner was insufficient and that procedural errors influenced the decision. However, the Queensland Court of Appeal found that QCAT did correctly hear the review by reconsidering the evidence and conducting a fresh hearing on the merits. The Court affirmed that QCAT had properly exercised its jurisdiction and followed the statutory requirements under the Liquor Act 1992 and the QCAT Act. The appeal was subsequently dismissed, and the original decision to grant the provisional hotel license was upheld.
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