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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)
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)

15/07/2011 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)