Safepay Malta Limited (Now BML Group Limited) v BetSafe Pty Ltd

Safepay Malta Limited (now BML Group Limited) brought proceedings against BetSafe Pty Ltd concerning alleged breaches of contract and misleading or deceptive conduct. The dispute arose from an agreement for Safepay to provide payment processing services to BetSafe. The matter was heard in the Federal Court of Australia.

The primary legal issues before the Court were whether BetSafe had breached the terms of the agreement by failing to pay certain fees and whether Safepay had engaged in misleading or deceptive conduct in contravention of the *Trade Practices Act 1974* (Cth) (now the *Competition and Consumer Act 2010* (Cth)). Specifically, the Court was asked to determine the proper interpretation of the contractual clauses relating to fee calculation and payment obligations, and to assess whether Safepay's representations regarding its services were misleading.

Justice Kirov considered the contractual provisions governing the payment of fees, interpreting them in light of the surrounding circumstances and the parties' conduct. The Court found that BetSafe had failed to establish a breach of contract by Safepay, nor had it proven that Safepay's conduct was misleading or deceptive. The Court's reasoning focused on the plain meaning of the contractual terms and the absence of evidence to support BetSafe's claims of misrepresentation.

The Court ordered that BetSafe pay Safepay the outstanding fees as determined by the Court, and dismissed BetSafe's counterclaims.