Le Blanc v Queensland TAB Ltd

[2002] QSC 323

SUPREME COURT OF QUEENSLAND

CITATION:

Le Blanc v Qld TAB Ltd [2002] QSC 323

PARTIES:

BRIAN LE BLANC
(plaintiff)
v
QUEENSLAND TAB LIMITED
(defendant)

FILE NO:

3255 of 2001

DIVISION:

Trial Division

PROCEEDING:

Application

 ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

11 October 2002

DELIVERED AT:

Brisbane

HEARING DATE:

26 September 2002

JUDGE:

Muir J

ORDER:

That the defendant’s application be dismissed and that it pay the plaintiff’s costs of and incidental to the application to be assessed on the standard basis.

CATCHWORDS:

PRACTICE – SUMMARY JUDGMENT – where application for summary judgment under r 292 – where alleged that plaintiff has no justiciable cause of action

GAMING AND WAGERING – RACING AND BETTING ACT – where plaintiff placed number of bets with defendant – where plaintiff alleges contracts were made – whether s 248 expressly excludes claim of plaintiff – whether the section is repealed by the Wagering Act – construction of s 248 – principles of statutory construction – whether bets placed are legally unenforceable

Lotto Act 1971
Racing and Betting Act s 248(1)(a), (b)

Uniform Civil Procedure Rules r 292

Wagering Act 1998

Australian Capital Territory Gaming and Liquor Authority v Andonaros (1991) 103 FLR 450
Commissioner of Stamp Duties v Permanent Trustee Co Ltd (1987) 9 NSWLR 719
Downey v Trans Waste Pty Limited (1990-1991) 172 CLR 167
Commissioner of Stamp Duties v Permanent Trustee Co Ltd (1987) 9 NSWLR 719
Petranker v Brown (1984) 2 NSWLR 177
Project Blue Inc v Australian Broadcasting Authority (1998) 72 ALJR 851
Seward v The “Vera Cruz” (1884) 10 App Cas 59
Sweeney v Fitzhardinge (1906) 4 CLR 716
Tote Investors Ltd v Smoker [1968] 1 QB 509

COUNSEL:

P D McMurdo QC for the respondent/plaintiff
A J H Morris QC with him T Sullivan for the applicant/defendant

SOLICITORS:

Freehills for the respondent/plaintiff
RMS Cooke for the applicant/defendant

The nature and basis of the application

1. The defendant Queensland TAB Limited applies for summary dismissal of the plaintiff’s claim pursuant to r 292 of the Uniform Civil Procedure Rules on the grounds that the claim and statement of claim do not disclose a justiciable cause of action. The defendant’s contention is that s 248 of the Racing and Betting Act 1980 expressly excludes claims of the nature of that brought by the respondent.

1. The allegations in the statement of claim, may be summarised as follows:

(a)        The defendant carries on the business of authorised wagering by means of a “totalisator”;

(b)        The plaintiff had a credit betting account with the defendant;

(c)        On 16 October 2000 the plaintiff placed a number of bets with the defendant as a result of which contracts were made between them;

(d)        The contract included terms that –

(i)        the rights and obligations of the parties in relation to the bets would be in accordance with the Wagering Rules 1999 made under the Wagering Act 1998; and

(ii)       the applicant agreed to pay a minimum dividend of $1 for any dollar bet.

(e)        As…