TOTALIZATOR AGENCY BOARD OF NEW SOUTH WALES v HODGKINSON [1996] NSWCA 534

TOTALIZATOR AGENCY BOARD OF NEW SOUTH WALES v HODGKINSON

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MEAGHER, COLE JJA and WADDELL AJA 2 May 1996, 2 May 1996 [1996] NSWCA 534

TOTALIZATOR OFF-COURSE BETTING ACT, 1964 — s21(1) — R12 — MEANING OF "BET" FOR PURPOSES OF ACT

Meagher JA This is a dispute between the TAB and a punter called Mr Hodgkinson, the appellant being the Totalizator Agency Board.

The complaint concerns a claim by Mr Hodgkinson for the amount of $14,212.75 arising out of a bet made on 4 November 1989 on the Melbourne Cup. There was a discrepancy between the relevant documents filled in by the punter and the receipt given by the Board.

The details ought to be explained a little further. What happened is this. On 4 November 1989 Mr Hodgkinson decided to go to the Harbord Diggers Club for the Melbourne Cup race. That club had decided that it would have TAB facilities as well as a large television screen for the customers to view the race. He arrived at the club about 2.15 pm and the Melbourne Cup was due to commence at 2.40 pm. He bought a drink and then filled in two betting slips. The first slip was for horse number 4 in the Melbounrne Cup for a winning ticket. That horse was Al Talaq. The second was a box trifecta bet on the same race in respect of which he filled in four horses, namely numbers 1, 4, 9 and 24. He joined a long queue at the TAB window at about 2.20 at which stage there were about 15 people in front of him and a similar number behind. All of these punters were anxious to place their bets, obviously before the race started and as soon as possible.

Mr Hodgkinson reached the window at about 2.37. He handed over the two betting slips together with a $50.00 note to a man behind the counter, a gentleman called Mr Eisenhauer. Mr Eisenhauer then handed the two betting slips to a fellow employee, Miss Verlin. She then passed each of the betting slips through the computer terminal and received through that terminal two betting slips together with a display of the costs of the bet. She handed the two betting slips to Mr Eisenhauer who, in turn, handed them to Mr Hodgkinson with an amount of change. The two betting slips were dropped into a bin close to Mr Eisenhauer. If Mr Hodgkinson's bet had been accurately recorded, it would have cost him $20.00 for his single bet and $24.00 for his box trifecta which would have meant that he was entitled to a return of $6.00. If he, in other words, had had a three horse trifecta it would have only cost him $6.00, his total investment would have been $26.00 and the return change would have been $24.00.