The State of Victoria v Sportsbet Pty Ltd (No 2) [2012] FCAFC 174

FEDERAL COURT OF AUSTRALIA

The State of Victoria v Sportsbet Pty Ltd (No 2) [2012] FCAFC 174 Citation: The State of Victoria v Sportsbet Pty Ltd (No 2) [2012] FCAFC 174

Appeal from: Sportsbet Pty Ltd v The State of Victoria [2011] FCA 961

Parties: THE STATE OF VICTORIA v SPORTSBET PTY LTD (ABN 87 088 326 612), EUREKA HOTEL HOLDINGS PTY LTD (ACN 135 267 597), TABCORP HOLDINGS LIMITED (ABN 66 063 780 709) AND THE VICTORIAN COMMISSION FOR GAMBLING AND LIQUOR REGULATION TABCORP HOLDINGS LIMITED (ABN 66 063 780 709) v SPORTSBET PTY LTD (ABN 87 088 326 612), EUREKA HOTEL HOLDINGS PTY LTD (ACN 135 267 597), THE STATE OF VICTORIA AND THE VICTORIAN COMMISSION FOR GAMBLING AND LIQUOR REGULATION

File number: VID 1000 of 2011 VID 1002 of 2011

Judges: EMMETT, KENNY AND MIDDLETON JJ

Date of judgment: 3 December 2012

Catchwords: COSTS — failure of successful appellants on one issue — where issue not unreasonably raised — no departure from usual order as to costs. COSTS — appeals brought by two appellants — where no undue overlap in submissions — where appellants had distinct interests — where no prior steps taken to challenge appellant's separate conduct of case — no departure from usual order as to costs. COSTS — joinder of party — whether party's costs prior to joinder can be awarded — where necessary for non-party to conduct itself as though it would be joined — costs fairly and reasonably incurred in the conduct of the litigation may include costs incurred prior to formal joinder — Federal Court Rules 2011 (Cth) sch 1.