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Betfair Pty Limited v Racing New South Wales

[2012] HCA 12
Case number
S116/2011
Before
French CJ, Gummow, Hayne, Heydon, Crennan, Kiefel, Bell JJ
Catchwords

Betfair Pty Limited v Racing New South Wales

Constitutional law (Cth) – Operation and effect of Constitution - Freedom of interstate trade, commerce, and intercourse - Validity of fees imposed for use of NSW race field information - Practical effect of fee structure - Prejudice upon trade and not upon particular traders - Competitive disadvantage - Whether Racing Administration Act 1998 (NSW), s 33A(2) must be read as not authorising provisions in Racing Administration Regulation 2005 (NSW) obnoxious to s 92 of Constitution - Whether demonstrating greater financial impact on appellant relative to competitors sufficient to establish protection of intrastate trade from interstate competition.

Words and phrases – "competitive disadvantage", "discrimination", "protectionism".

Constitution – s 92. Interpretation Act 1987 (NSW), s 31.

Racing Administration Act 1998 (NSW) – ss 33, 33A.

Racing Administration Regulation 2005 (NSW) – cll 16, 20.

Files
12.rtf (88.85 KB)
12.pdf (184.75 KB)