Tabcorp Holdings Limited v State of Victoria

[2015] HCATrans 289

[2015] HCATrans 289

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Melbourne  No M81 of 2015

B e t w e e n -

TABCORP HOLDINGS LIMITED (ACN 063 780 709)

Appellant

and

STATE OF VICTORIA

Respondent

FRENCH CJ
KIEFEL J
BELL J
KEANE J
GORDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 11 NOVEMBER 2015, AT 10.16 AM

(Continued from 10/11/15)

Copyright in the High Court of Australia

FRENCH CJ:   Yes, Mr Archibald.

MR ARCHIBALD:   If the Court please, might I deal with several matters left over from last night shortly?  At transcript page 23 I said we should provide to the Court copies of the second reading speech for the 2008 amendments.  There is a bundle been provided to the Court.  Document numbered 1 is that second reading speech.  It is silent as to 4.3.4A.  We have also taken the liberty of providing the explanatory memorandum for the amending Bill.  It does refer to 4.3.4A at page 3 dealing with clause 7 of the proposed Bill.  It says nothing about the purpose of the section.

At transcript page 24 I said I would provide a document setting out the evidentiary references to the genesis of the terminal payment provision.  The sheet containing that material is sheet numbered 3 in the bundle.  At transcript page 34 your Honour Justice Gordon asked me a question about Tabcorp’s involvement in the drafting of the 1994 legislation.  The answer I gave was slightly inaccurate.  I said that the corporation was created at the end of June.  In fact, it was created somewhat earlier.  The independent board was put in place at the end of June.  Sheet 4 contains the correct data.

Justice Bell asked me at transcript page 79 whether the primary judge referred to Mr Westworth’s supplementary report.  We have checked overnight and he did not.  If the Court pleases.

Hearing continued in State of Victoria v Tatts Group Limited:  see HCATrans 290

FRENCH CJ:  The Court will reserve its decision.

AT 10.18 AM THE MATTER WAS ADJOURNED