Sportsbet Pty Ltd v State of New South Wales (No 7) [2009] FCA 1585

FEDERAL COURT OF AUSTRALIA

Sportsbet Pty Ltd v State of New South Wales (No 7) [2009] FCA 1585

SPORTSBET PTY LTD v STATE OF NEW SOUTH WALES, RACING NEW SOUTH WALES and HARNESS RACING NEW SOUTH WALES

NSD 1821 of 2008

PERRAM J

23 DECEMBER 2009

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

General division NSD 1821 of 2008

BETWEEN: SPORTSBET PTY LTD

Applicant

AND: STATE OF NEW SOUTH WALES

First Respondent

RACING NEW SOUTH WALES

Second Respondent

HARNESS RACING NEW SOUTH WALES

Third Respondent

JUDGE: PERRAM J

DATE OF ORDER: 2 DECEMBER 2009

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Vacate the hearing of the trial fixed for Tuesday 1 December 2009. 2. Order the Applicant to pay the costs of the Respondents thrown away by reason of the vacation of the trial together with the costs of the adjournment application. 3. Reserve the question of whether the costs in order 2 should be on an indemnity basis to the trial. 4. Fix the trial for hearing for 7 days commencing on Friday 5 February 2010, comprising Friday 5 February, Monday 8 February, Tuesday 9 February, Wednesday 10 February, Friday 12 February, Monday 15 February and Tuesday 16 February 2010. 5. Direct that the Applicant file and serve any application to amend the pleadings by Tuesday 8 December 2009, such application to be returnable for directions on 11 December 2009. 6. Direct that the Applicant is not to rely upon any affidavit evidence in chief on the issue of the structure of the national wagering market. 7. Direct the Applicant and the Respondents to serve upon their respective solicitors and the solicitors for Tabcorp any proposed tender lists by 11 January 2010. 8. Direct the Applicant and the Respondents to serve upon their respective solicitors, and the solicitors for Tabcorp, objections to those tender lists, any claims for confidentiality in the documents relied upon together with any objections to affidavit evidence by 18 January 2010. 9. Direct Tabcorp to notify all other parties of its claims for confidentiality in respect of the lists served upon it by 21 January 2010. 10. Direct the Applicant to prepare a paginated court book with the following features by 25 January 2010: 10.1 Section One consisting of pleadings and affidavits; 10.2 Section Two consisting of the documents on all parties' tender lists in chronological order which are not subject to objection and to the extent that confidentiality claims are made redacted versions to be provided; 10.3 Section Three consisting of the documents on the parties' list which are subject to objection and to the extent that confidentiality claims are made redacted versions to be provided 10.4 Section Four consisting of documents in respect of which confidentiality claims are made in unredacted form (whether objected to or not). [Each section is to be provided in a separate (or separate set of) lever arch folders] 11. Direct the Applicant to serve a copy of the court book on each other party by 6pm 27 January 2009 and to serve a complete list of the contents of the court book on the solicitors for Tabcorp by the same date. 12. Direct that the cost of the preparation of the court book be shared equally between all parties. 13. Direct the Applicant to forward two copies of the court book to my associate by close of business 29 January 2010. 14. Order, pursuant to s 50 of the Federal Court of Australia Act, that the contents of the Section 4 of the Court book remain confidential to the legal representatives of the parties until 5pm on 5 February 2009. 15. Direct any party (including Tabcorp) who wishes to apply for s 50 orders in respect of documents situated in Section 4 of the court book to file and such application by 1 February 2009 such applications to be returnable at 10:15am on 5 February 2009. 16. Direct all parties to serve written opening submissions by 5pm 3 February 2010 cross-referenced to the court book such submissions to be in redacted and unredacted form (on the assumption that all claims for confidentiality are made good). 17. Direct the Applicant to serve a copy of these orders on the solicitors for Tabcorp. 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