State of Victoria v. Tatts Group Limited

Lower Court Judgment

4/12/2014 Supreme Court of Victoria (Court of Appeal) (Nettle J, Osborn J, Whelan J)

[2014] VSCA 311

Catchwords

Statutory interpretation – Gambling Regulation Act 2003 (Vic) ss 1.3, 3.4.33 and Pt 4 of Ch 3– Gaming operator licenses – Where the regime changed and the ability to issue gaming operator?s licenses was abolished – Where respondent?s license expired – Whether respondent entitled to a terminal payment on the grant of gaming operator?s licence to person other than former licensee or a related entity – Whether when construing a contractual promise in an agreement between a government and private party which expressly requires the subsequent enactment of that promise in legislation can this agreement to afford the promise statutory force be relevant to ascertaining the intentions of the parties with respect to the meaning of the promise – Whether the contractual promise survives the agreed enactment of legislation embodying the same – Whether the contractual promise continues to have operation after the enactment of the statutory right if that statutory right is legislatively nullified – Whether a prior contractual promise can survive the enactment of legislation which has the purpose and effect of nullifying the parallel statutory right.

Short Particulars