Sportsbet Pty Ltd v State of New South Wales & Ors [2012] HCATrans 90

[2012] HCATrans 90

[2012] HCATrans 090

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S356 of 2011

B e t w e e n -

SPORTSBET PTY LTD (ABN 87 088 326 612)

Plaintiff

and

STATE OF NEW SOUTH WALES

First Defendant

TAB LIMITED

Second Defendant

TABCORP HOLDINGS LIMITED

Third Defendant

Summons for directions

GUMMOW J

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON FRIDAY, 13 APRIL 2012, AT 9.30 AM

Copyright in the High Court of Australia

MR C.L. LENEHAN:   May it please the Court, I appear for the plaintiff.  (instructed by Fitzpatrick Legal)

MR J.K. KIRK, SC:   May it please the Court, I appear with my learned friend, MS A.M. MITCHELMORE, for the first defendant.  (instructed by Crown Solicitor for New South Wales)

MR P.J. BRERETON, SC:   If it please the Court, I appear with MS R.C.A. HIGGINS for the second and third defendants.  (instructed by Freehills)

HIS HONOUR:   Thank you.  Now, the pleadings are closed, what is to happen now?

MR LENEHAN:   Your Honour, by short minutes, that I think your Honour has seen, the matter was to be remitted to the Federal Court.

HIS HONOUR:   Very well.  What is the status of that appeal from Justice Gordon in the Full Court of the Federal Court regarding the Victorian legislation, do you know?

MR LENEHAN:   Your Honour, as I understand it, the Full Court had invited further submissions in light of the decisions of this Court in Betfair and in Sportsbet. 

HIS HONOUR:   Yes, I see.

MR LENEHAN:   Those submissions are due by 26 April.

HIS HONOUR:   Very well then.  So these orders are agreed between the three of you?

MR LENEHAN:   They are, your Honour.

HIS HONOUR:   Well, then, by consent I make the following orders:

1.The proceeding be remitted to the Federal Court of Australia, New South Wales Registry.

2.The proceeding continue in the Federal Court as if the steps already taken in the proceeding in this Court had been taken in that court.

3.The Registrar of this Court forward to the proper officer of the Federal Court photocopies of all documents filed in this Court.

4.The costs of the proceedings in this Court be costs in the cause.

5.The costs of the proceedings to the date of this order to be according to the scale applicable to proceedings in this Court and thereafter according to the scale applicable to the Federal Court and in the discretion of that court.

MR LENEHAN:   Thank you, your Honour.

HIS HONOUR:   I will now adjourn.

AT 9.32 AM THE MATTER WAS ADJOURNED