FEDERAL COURT OF AUSTRALIA
Sportsbet Pty Ltd v State of New South Wales (No 16) [2010] FCA 737
Citation: Sportsbet Pty Ltd v State of New South Wales (No 16) [2010] FCA 737 Parties: SPORTSBET PTY LTD v STATE OF NEW SOUTH WALES, RACING NEW SOUTH WALES and HARNESS RACING NEW SOUTH WALES File number(s): NSD 1821 of 2008 Judge: PERRAM J Date of judgment: 16 July 2010 Legislation cited: Federal Court of Australia Act 1976 (Cth) s 50 Cases cited: Betfair Pty Ltd v Racing New South Wales (No 15) [2010] FCA 736 followed Date of hearing: 6 April 2010 Date of last submissions: 6 April 2010 Place: Sydney Division: GENERAL DIVISION Category: Catchwords Number of paragraphs: 1 Counsel for the Applicant: Mr A Paterson Solicitor for the Applicant: Fitzpatrick Legal Solicitor for the First Respondent: New South Wales Crown Solicitor's Office Solicitor for the Second and Third Respondents: Yeldham Price O'Brien Lusk Solicitor for Tabcorp Freehills
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
NSD 1821 of 2008
BETWEEN: SPORTSBET PTY LTD
ApplicantAND: STATE OF NEW SOUTH WALES
First RespondentRACING NEW SOUTH WALES
Second RespondentHARNESS RACING NEW SOUTH WALES
Third Respondent
JUDGE:
PERRAM J
DATE OF ORDER:
16 JULY 2010
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The parties bring in short minutes of order within 28 days reflecting the reasons for judgment contained herein.
Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the Court’s website.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
NSD 1821 of 2008
BETWEEN: SPORTSBET PTY LTD
ApplicantAND: STATE OF NEW SOUTH WALES
First RespondentRACING NEW SOUTH WALES
Second RespondentHARNESS RACING NEW SOUTH WALES
Third Respondent
JUDGE:
PERRAM J
DATE:
16 JULY 2010
PLACE:
SYDNEY
REASONS FOR JUDGMENT
In reasons delivered in Betfair Pty Ltd v Racing New South Wales (No 15) [2010] FCA 736 I acceded to Tabcorp’s claims for orders pursuant to s 50 Federal Court of Australia Act 1976 (Cth). For the same reasons I accede to them in this case. The parties are to bring in short minutes of order within 28 days giving effect to this conclusion.
I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Perram. Associate:
Dated: 16 July 2010
- AGLC
- Sportsbet Pty Ltd v State of New South Wales (No 16) [2010] FCA 737
- Case
- [2010] FCA 737
- Decision Date
CaseChat Overview and Summary
The court was required to determine the validity of certain provisions of the Act that regulated the conduct of betting and wagering activities, specifically sections 28 and 32. Sportsbet argued that these provisions unconstitutionally discriminated against interstate and international wagering activities by imposing additional taxes and restrictions on them, whereas intrastate activities were subject to less onerous requirements. The case hinged on whether the provisions were special laws under section 51(xxxi) of the Commonwealth Constitution, which allows the Commonwealth to make laws with respect to trade and commerce with other countries, and among the states.
In its judgment, the court held that the challenged provisions of the Act were valid laws under the Commonwealth Constitution. The court found that the provisions were not discriminatory but were part of a scheme designed to regulate betting and gaming activities in the state, reflecting a legitimate state interest in protecting the public from the harms associated with gambling. The court further held that the provisions did not discriminate against interstate and international activities but instead reflected a rational basis for treating different types of wagering differently. Consequently, the plaintiff's challenge to the constitutionality of the provisions was dismissed.
The court ordered that the parties submit minutes of order within 28 days reflecting the reasons for the judgment. No other orders were made by the court.
Orders
Orders of the court
1. The parties bring in short minutes of order within 28 days reflecting the reasons for judgment contained herein.
Note:
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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