Tabcorp Holdings Limited v. State of Victoria

Lower Court Judgment

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

[2014] VSCA 312

Catchwords

Statutory interpretation – Gambling Regulation Act 2003 (Vic) s 4.3.21 – Gaming operator licenses – Where the regime changed and the ability to issue gaming operator’s licenses was abolished – Where appellant’s license expired – Whether appellant is entitled to a terminal payment on the grant of gaming operator’s licence to person other than former licensee or a related entity – Whether words “new licenses” in s 4.3.12(1) of the Gambling Regulation Act 2003 should be construed to have their ordinary meaning.

Contracts – General contractual principles – Whether respondent’s failure to seek to secure appellant’s right to repayment of a breach of the duty of good faith and reasonable dealing.

Short Particulars