“QUOTEWORTHY” 1990

1. “A ‘milkbar’ is an antipodean phenomenon. Ordinarily the expression ‘bar’ would denote the sale of liquor, but we are now familiar with snack bars, or even oyster bars. The word ‘bar’ has come to mean a place from which a particular commodity is sold, for example, sandwiches from a snack bar, or places at which particular types of people gather. A milk bar has a more specialist meaning. It has come to denote a shop from which not only milk, but other processed foods, arc sold. The man on the Glen Iris tram would readily understand that a kiosk on the beach front, albeit selling milk based drinks, was not a milk bar. The public recognition of a milk bar encompasses small shop front premises which sell newspapers, confectionery, small grocery items, occasionally, prepared food and dairy produce. The list is not exhaustive, but premises from which cooked hamburgers were sold would not commonly be considered a milk bar, whereas premises from which sandwiches and sticky cakes were sold, would be. The remarks I have made in categorizing a milk bar also apply to the expression ‘mixed business’. A mixed business is commonly taken to mean a small scale retail operation selling a variety of readily consumable products. They are referred to in the United States as Mamma and Poppa Stores…

The concept of a convenience store is, to use a dreadful expression, adopted from the social workers, multifaceted… The class of premises encompassed by milk bars, convenience stores or mixed businesses, are like those known in earlier times as the ‘local corner store’ or the ‘local shop’. These were in the past places of community congregation, and milk bars and convenience stores are often now places at which people meet to chat as well as to shop. The concept has moved into our colloquial speech. A milk-bar-cowboy is recognised as a bikie or person who frequents a milk bar as a meeting place (see Macquarie Dictionary). Thus the scale, product range, locality and ambience of premises all become relevant in deciding whether they fall within the prohibited class…”
per Nathan J in Seldan Pty Ltd v Liquor Licensing Commission [1990] VicSC 216, Vic Sup Ct, 15 May 1990.

2. “With all due respect to WS Gilbert’s Lord Chancellor, in practice the law is not always the true embodiment of everything that’s excellent. Mistakes are made from time to time.”
per Brooking J in Bond Brewing Holdings Ltd v National Australia Bank Limited [1991] VicRp 31; [1991] 1 VR 386; (1990) 1 ACSR 445; (1990) 8 ACLC 403, Vic Sup Ct, 3 April 1990.