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)

[2010] FCAFC 132

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).

Short Particulars

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)

Betfair Pty Limited v. Racing New South Wales and Ors

Case No.

S116/2011

Related matters

S118/2011 - Sportsbet Pty Ltd v. State of New South Wales & Ors

Case Information

Lower Court Judgment

17/11/2010 Federal Court of Australia (Keane CJ, Lander J, Buchanan J)

[2010] FCAFC 133

Catchwords

Constitutional law — Freedom of interstate trade — Applicant a licensed betting exchange domiciled in Tasmania — 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 — Where imposition of fee allegedly reduce applicant's commission by disproportionate amount compared to NSW 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, s 92 — 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 insufficient for interstate trader to show fees imposed greater business costs on interstate traders than 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, s 92 — Racing Administration Act 1998 (NSW), s 33(1).

Short Particulars

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 (Third Respondent)

06/05/2011 Written submissions (First and Second Respondents)

13/05/2011 Written submissions (Attorney-General for the State of Western Australia)

13/05/2011 Written submissions (Attorney-General for the State of South 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

19/07/2011 Written submissions (Attorney-General for the State of Queensland)

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 (First and Second Respondents)

26/09/2011 Written submissions in response to questions from the Court (Third Respondent)

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 (Attorney-General for the State of South Australia)

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 submissions of parties and interveners on the Court's questions (Appellant)

30/03/2012 Judgment  (Judgment summary)

HIH Claims Support Limited v. Insurance Australia Limited

Case No.

M24/2011

Case Information

Lower Court Judgment

29/09/2010 Supreme Court of Victoria (Court of Appeal) (Warren CJ, Mandie JA, Beach AJA)

[2010] VSCA 255

Catchwords

Equity — Contribution — Equal and coordinate liability — Scaffolder Steele sub-contracted to Australian Grand Prix Corporation ("AGPC") — Steele held insurance policy with company in HIH group which, but for HIH collapse, responded to Steele's liability to AGPC — Applicant administrator of HIH Claim Support Scheme —AGPC held insurance policy with State Government Insurance Corporation ("SGIC") which extended to sub-contractors — SGIC's rights, liabilities and obligations vested in respondent — Whether applicant entitled to contribution from respondent — Whether liabilities of applicant and Steele and respondent and Steele equal and coordinate — Whether indemnities not coordinate because applicant may recover from liquidation of HIH — Whether equitable doctrine of contribution sufficiently flexible to do "practical justice" — Whether characterisation of separate contracts of insurance as "primary" and "secondary" prevents contribution — Whether relevant date for determining right to contribution is date of indemnity payment or date of casualty.

Short Particulars

Documents

11/03/2011 Hearing (SLA, Melbourne)

25/03/2011 Notice of appeal

08/04/2011 Written submissions (Appellant)

08/04/2011 Chronology (Appellant)

02/05/2011 Written submissions (Respondent)

20/05/2011 Reply

02/06/2011 Hearing (Full Court, Canberra)

22/08/2011 Judgment  (Judgment summary)

Wynton Stone Australia Pty Ltd (in liq) v. MWH Australia Pty Ltd

Case Nos.

M158/2010; M159/2010

Case Information

Lower Court Judgment

3/11/2010 Supreme Court of Victoria (Court of Appeal)(Warren CJ, Buchanan & Nettle JJA)

[2010] VSCA 245

Catchwords

Practice and procedure — Pleadings — Trial judge stated, without objection, that pleaded issues would be treated as abandoned if not run in final submissions — Whether respondent abandoned breach of warranty claim.

Trade and commerce — Misleading and deceptive conduct — Warranty — Whether statement of fact in warranty constituted misleading and deceptive conduct — Causation — Reliance — Inferred reliance — Whether causation able to be inferred in absence of direct evidence of reliance — Gould v Vaggelas (1985) 157 CLR 215; Campbell v Backoffice Investments Pty Ltd [2010] VSCA 245.

Contracts — Construction and interpretation — Intention of parties — Deed of Novation — Whether release of "all claims and demands whatsoever in respect of the contract" intended to cover breaches of contract occurring before date of Deed — Application of "business commonsense point of view" where language not ambiguous on its face.

Short Particulars

Documents

01/12/2010 Application for special leave to appeal

11/03/2011 Hearing (SLA, Melbourne)

08/04/2011 Written submissions (Applicant)

08/04/2011 Chronology

02/05/2011 Written submissions (Respondent)

09/05/2011 Reply

08/06/2011 Hearing (Full Court, Canberra) (Special leave refused with costs)

Phonographic Performance Company of Australia Limited & Ors v. Commonwealth of Australia & Ors

Case No.

S23/2010

Case Information

Catchwords

Constitutional law — Operation and effect of Commonwealth Constitution — Powers with respect to property — Power to acquire property on just terms — Whether some or all of provisions in ss 109 and 152 of Copyright Act 1986 (Cth) beyond legislative competence of Parliament by reason of s 51(xxxi) of Constitution — If so, whether such provisions should be read down or severed and, if so, how — Constitution, s 51(xxxi) — Copyright Act 1986 (Cth), ss 109 and 152.

Short Particulars

Documents

17/02/2010 Writ of Summons

20/01/2011 Hearing (Single Justice, Sydney)

28/03/2011 Written submissions (Plaintiffs)

28/03/2011 Chronology

19/04/2011 Written submissions (Defendant 1)

19/04/2011 Written submissions (Defendant 2)

19/04/2011 Written submissions (Defendant 3)

26/04/2011 Reply

10/05/2011 Hearing (Full Court, Canberra)

11/05/2011 Hearing (Full Court, Canberra)

12/05/2011 Hearing (Full Court, Canberra)

28/03/2012 Judgment  (Judgment summary)

Page 254 of 260