Betfair Pty Limited v Racing New South Wales (No 5) [2009] FCA 1011

FEDERAL COURT OF AUSTRALIA

Betfair Pty Limited v Racing New South Wales (No 5) [2009] FCA 1011

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

NSD 1566 of 2008

PERRAM J

9 SEPTEMBER 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: 9 SEPTEMBER 2009

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The parties are to provide to Justice Perram's associate, by 4.00 pm today agreed or competing sets of orders having the following effect: (a) requiring Betfair to produce the brief statement of reasons required by my previous order within three (3) business days hereof in respect of all documents in respect of which a claim has already been made and in respect of future claims simultaneously with the delivery of the documents; (b) amending the present regime so that it ceases to apply 14 days after a notice disputing the claim is served, and requiring any such notice to be served within 7 days of the receipt of the claim; (c) putting in place a procedure permitting the respondents to apply to be released from the regime in the case of particular specified documents on two (2) days' notice; (d) putting in place an augmented regime for documents which it is claimed should not be shown to in-house counsel (in the same form as the general regime); (e) dismissing the respondents' motion; (f) providing for the costs of Betfair's motion to be costs in the course; and (g) providing for the costs of the respondents' motion to be paid by Betfair. 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