PEOs v Manino

Case [2004] WASCA 46


PEOS -v- MANINO [2004] WASCA 46



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2004] WASCA 46
Case No:SJA:1044/200320 AUGUST 2003
Coram:BARKER J17/03/04
23Judgment Part:1 of 1
Result: Appeal dismissed
B
PDF Version
Parties:CHRIS DIMITRIOS PEOS
SANTO BASILO MANINO

Catchwords:

Gaming and wagering
Totalisators
Betting Control Act 1954 (WA)
Totalisator Agency Board Betting Act 1960 (WA)
Betting contract
Whether provision of credit by TAB
Whether contract illegal and unenforceable
Whether appellant authorised provision of credit
"Authorise"

Legislation:

Acts Amendment (Fixed Odds Betting) Act 1999 (WA), s 25, s 36
Betting Control Act 1954 (WA), s 5, s 17E, s 22, s 28C, s 29, s 30
Criminal Code (WA), s 7
Justices Act 1902 (WA)
Racing and Wagering Western Australia Act 2003 (WA)
Totalisator Agency Board Betting Act 1960 (WA), s 17, s 20, s 22, s 23, s 33

Case References:

Brown v The Queen [1991] 1 Qd R 221
Ex parte Johnson; Re MacMillan (1947) 47 SR (NSW) 16
Herbert v The King (1941) 64 CLR 461
Le Blanc v Queensland TAB Ltd [2002] QSC 323; [2003] 2 Qd R 65
Performing Right Society Ltd v Ciryl Theatrical Syndicate Ltd [1924] 1 KB 1
Petranker v Brown [1984] 2 NSWLR 177
The University of New South Wales v Moorhouse (1975) 133 CLR 1
Tote Investors Ltd v Smoker [1968] 1 QB 509
Ward v The Queen (1997) 19 WAR 68

Cubillo v Commonwealth of Australia (2000) 103 FCR 1
Dyers v The Queen [2002] HCA 45; (2002) 210 CLR 285
Fonseka v The Queen [2003] WASCA 111
O'Donnell v Reichard [1975] VR 916
Payne v Parker [1976] 1 NSWLR 191
RPS v The Queen (2000) 199 CLR 620
Wik Peoples v State of Queensland (1996) 187 CLR 1

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CIVIL
CITATION : PEOS -v- MANINO [2004] WASCA 46 CORAM : BARKER J HEARD : 20 AUGUST 2003 DELIVERED : 17 MARCH 2004 FILE NO/S : SJA 1044 of 2003 BETWEEN : CHRIS DIMITRIOS PEOS
    Appellant

    AND

    SANTO BASILO MANINO
    Respondent


ON APPEAL FROM:

Jurisdiction : COURT OF PETTY SESSIONS

Coram : MR M D WHEELER SM

File Number : FR6593/03-6642/02



Catchwords:

Gaming and wagering - Totalisators - Betting Control Act 1954 (WA) - Totalisator Agency Board Betting Act 1960 (WA) - Betting contract - Whether provision of credit by TAB - Whether contract illegal and unenforceable - Whether appellant authorised provision of credit - "Authorise"



(Page 2)

Legislation:

Acts Amendment (Fixed Odds Betting) Act 1999 (WA), s 25, s 36


Betting Control Act 1954 (WA), s 5, s 17E, s 22, s 28C, s 29, s 30
Criminal Code (WA), s 7
Justices Act 1902 (WA)
Racing and Wagering Western AustraliaAct 2003 (WA)
Totalisator Agency Board Betting Act 1960 (WA), s 17, s 20, s 22, s 23, s 33


Result:

Appeal dismissed




Category: B


Representation:


Counsel:


    Appellant : Mr T F Percy QC &…

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PEOs v Manino [2004] WASCA 46
Case
[2004] WASCA 46
Decision Date

CaseChat Overview and Summary

In the matter of PEOs v Manino, the appellant, PEOs, sought to challenge a decision made by the respondent, Manino, who was found to have contravened certain statutory provisions relating to betting in Western Australia. The dispute centred around the legality and enforceability of a betting contract made with a punter, where credit was provided by the Totalisator Agency Board (TAB), a statutory authority in Western Australia. The decision was rendered by the Supreme Court of Western Australia, with the appeal subsequently dismissed.

The central legal issue that the court had to address was whether the provision of credit by the TAB in the context of the betting contract rendered the contract illegal and unenforceable under the Betting Control Act 1954 (WA) and the Totalisator Agency Board Betting Act 1960 (WA). The court was required to interpret the term "authorise" as used in these statutes and to determine whether the respondent had the authority to provide credit, thereby validating the contract.

The court meticulously examined the statutory provisions and found that the term "authorise" in the context of these statutes was not limited to express authorisation but could also be implied from the respondent's actions and the broader statutory framework. The court concluded that the respondent had the authority to provide credit, as it was inherent in the statutory framework governing betting activities in Western Australia. As such, the betting contract was not rendered illegal or unenforceable by the provision of credit. The court dismissed the appeal, upholding the original decision that found the respondent had not contravened the statutory provisions.

Orders

Orders of the court

Appeal dismissed

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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