Skycity Adelaide Pty Ltd v Treasurer of South Australia & Anor

Skycity Adelaide Pty Ltd brought this proceeding against the Treasurer of South Australia and the South Australian Tourism Commission. The company sought an injunction to prevent the defendants from proceeding with the opening of a new casino, which the plaintiff claimed would infringe its exclusive rights under a licence to operate a casino in Adelaide. The case was initially heard in the Supreme Court of South Australia and was subsequently appealed to the High Court.

The central legal issue before the court was whether the defendants' proposed casino would infringe upon the plaintiff's exclusive rights under the terms of its licence. Specifically, the court needed to determine the scope of the exclusivity granted to Skycity Adelaide, and whether this included exclusivity over the operation of casinos in the broader Adelaide metropolitan area, or was limited to the specific location of the plaintiff's existing casino. The court also needed to consider the relevant statutory provisions and the intentions of the legislature in granting the licence.

The court found in favour of Skycity Adelaide, ruling that the defendants' proposed casino would indeed infringe upon the plaintiff's exclusive rights. The court held that the licence granted to Skycity Adelaide included exclusivity over the operation of casinos in the Adelaide metropolitan area, not just the specific location of its existing casino. The court emphasised the importance of interpreting the licence in accordance with the intentions of the legislature, which aimed to protect the plaintiff's investment and ensure a stable gaming market. The High Court granted special leave to appeal, and the matter will now proceed to a full hearing.