eBet Limited

The case of *eBet Limited v Tabcorp Holdings Limited* [2023] FCA 1007 concerned a dispute between eBet Limited and Tabcorp Holdings Limited regarding the interpretation and application of certain provisions within a commercial agreement. The proceedings were heard in the Federal Court of Australia before Justice Iain Campbell Thompson.

The central legal issues before the Court were whether Tabcorp had breached its contractual obligations to eBet by failing to provide certain data in the agreed format and whether eBet was entitled to terminate the agreement on that basis. The Court was required to construe the relevant clauses of the agreement, particularly those pertaining to data provision and termination rights, in light of the parties' conduct and the surrounding circumstances.

Justice Thompson's reasoning focused on the plain meaning of the contractual terms, supported by an analysis of the parties' intentions as evidenced by the agreement as a whole. The Court considered the concept of "substantial compliance" in the context of contractual performance and determined that Tabcorp's actions did not meet the required standard under the agreement. Consequently, the Court found that eBet was entitled to exercise its right to terminate the agreement. The Court made orders reflecting this finding.