Betfair Pty Limited v Racing New South Wales (No 4) [2009] FCA 923

FEDERAL COURT OF AUSTRALIA

Betfair Pty Limited v Racing New South Wales (No 4) [2009] FCA 923

BETFAIR PTY LIMITED v RACING NEW SOUTH WALES and HARNESS RACING NEW SOUTH WALES

NSD 1566 of 2008

PERRAM J

19 AUGUST 2009

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

general division NSD 1566 of 2008

BETWEEN: BETFAIR PTY LIMITED

Applicant

AND: RACING NEW SOUTH WALES

First Respondent

HARNESS RACING NEW SOUTH WALES

Second Respondent

JUDGE: PERRAM J

DATE OF ORDER: 19 AUGUST 2009

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The first and second respondents provide a list identifying each of the documents falling within paragraphs 4, 5, 6 and 7 of Part 2 of Schedule 1 of their verified lists by Wednesday 2 September 2009, together with an affidavit sworn by an appropriate person explaining the basis for the privilege asserted.

2. To the extent that the Attorney-General or the Director General of Community (NSW) wishes to make any privilege claim in relation to the first and second respondents' discovered documents, affidavits in support of such claims are to be filed and served by Wednesday 2 September 2009.

3. Order 11 of 25 February 2009 be varied so that persons include expert witnesses.

4. Any application to vary the confidentiality regime and any affidavit in support thereof to be filed and served by Friday 21 August 2009. Such application to be returnable before me on Tuesday 25 August 2009 for the purposes of fixing it for a hearing.

5. Costs to be costs in the cause.

6. The matter be stood over for further directions on 25 August 2009.

7. The parties have liberty to apply on 1 day's notice. 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 eSearch on the Court's website IN THE FEDERAL COURT OF AUSTRALIA