Specific powers

Whitebull HTL Pty Ltd v ILGA [2023] NSWSC 588

Specific powers in a statute exclude access to more general ones15.  ILGA purported to exercise general powers under one statute to limit gaming machine numbers.  Whitebull challenged this, arguing that a second statute set out exclusively, and more precisely, how numbers were to be regulated.

McNaughton J surveyed the authorities (at [123-134]) and agreed (at [153]) with Whitebull.  The judge noted that the second statute ‘provides a predictable, certain and transparent way of keeping, transferring and leasing gaming machines’.  iTip – This case is an example of the general principle applying to powers found in different statutes.

This principle is from Episode 98 of interpretation NOW!


15 Anthony Hordern (1932) 47 CLR 1 (at 7), Pearce 9th Edition (at [4.47]).