Sportsbet Pty Ltd v. State of New South Wales and Ors
Case No.
S118/2011
(Consolidated appeal from special leave applications S290/2010 and S291/2010)
Related matter
S116/2011 - Betfair Pty Limited v. Racing New South Wales & Ors
Case Information
Lower Court Judgment
17/11/2010 Federal Court of Australia(Keane CJ, Lander & Buchanan JJ)
Catchwords
Constitutional law — Freedom of interstate trade — Applicant a licensed bookmaker domiciled in Northern Territory — NSW legislative scheme prohibited use of race field information without approval and authorised imposition of fee as condition for approval ("Scheme") — Fee imposed on all wagering operators irrespective of whether domiciled in NSW — NSW racing control bodies subsidised NSW wagering operators — Whether practical effect of fee was to impose discriminatory burden of protectionist nature on interstate trade — Whether Scheme inconsistent with freedom of interstate trade, commerce and intercourse — Constitution, ss 92, 109 — Northern Territory (Self Government) Act 1978 (Cth), s 49 — Racing Administration Act 1998 (NSW), s 33(1).
Constitutional law — Freedom of interstate trade — Whether Scheme inconsistent with freedom of interstate trade, commerce and intercourse — Whether practical effect of Scheme determinable without consideration of offsetting reductions in existing fees payable by intrastate traders — Whether necessary for interstate trader to show that interstate trader's competitive advantage derived from place of origin in another State or Territory and Scheme imposed discriminatory burden affecting that advantage — Whether Scheme protectionist if imposed with intention of protecting intrastate traders and fee not reasonably appropriate or adapted to non-protectionist objective — Whether validity of statutory prohibition, combined with administrative discretion to relax prohibition, to be determined by comparing interstate and intrastate traders' positions — Whether relevant or determinative that State and administrative bodies intend discretion over prohibition to be exercised to protect intrastate traders — Constitution, ss 92, 109 — Northern Territory (Self Government) Act 1978 (Cth), s 49 — Racing Administration Act 1998 (NSW), s 33(1).
Documents
11/03/2011 Hearing (SLA, Sydney)
24/03/2011 Notice of appeal
08/04/2011 Written submissions (Appellant)
08/04/2011 Chronology (Appellant)
29/04/2011 Written submissions (First Respondents)
06/05/2011 Written submissions (Second and Third Respondents)
06/05/2011 Written submissions (Fourth Respondent)
13/05/2011 Written submissions (Attorney-General for the State of Western Australia)
13/05/2011 Written submissions (Attorney-General for the State of Victoria)
17/05/2011 Written submissions (Attorney-General of the Commonwealth)
24/05/2011 Reply
28/06/2011 Written submissions (Tab Limited and Tabcorp Limited seeking leave to intervene)
19/07/2011 Written submissions (Attorney-General for the State of Queensland)
29/08/2011 Written submissions in opposition to application for leave to intervene by Tab Limited and Tabcorp Limited (Appellant)
30/08/2011 Hearing (Full Court, Canberra)
31/08/2011 Hearing (Full Court, Canberra)
01/09/2011 Hearing (Full Court, Canberra)
19/09/2011 Written submissions in response to questions from the Court (Appellant)
26/09/2011 Supplementary submissions (Second and Third Respondents)
26/09/2011 Written submissions in response to questions from the Court (First Respondent)
28/09/2011 Written submissions in response to questions from the Court (Tab Limited and Tabcorp Limited intervening)
29/09/2011 Written submissions in response to questions from the Court (Attorney-General of the Commonwealth)
29/09/2011 Written submissions in response to questions from the Court (Attorney-General for the State of Victoria)
29/09/2011 Written submissions in response to questions from the Court (Fourth Respondent)
30/09/2011 Written submissions in response to questions from the Court (Attorney-General of the State of Queensland)
30/09/2011 Written submissions in response to questions from the Court (Attorney-General for the State of Western Australia)
12/10/2011 Reply to questions from the Court (Appellant)
30/03/2012 Judgment (Judgment summary)