CrownBet Pty Ltd v State of New South Wales [2017] NSWSC 1470

Supreme Court New South Wales

Medium Neutral Citation: CrownBet Pty Ltd v State of New South Wales [2017] NSWSC 1470 Hearing dates: 16 – 18 October 2017 Decision date: 27 October 2017 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Declaration refused Catchwords: EQUITY – remedies – declarations – whether court should declare that proposed conduct of bookmaker and licensed club would contravene Unlawful Gambling Act 1998 (NSW) – whether exceptional circumstances shown so as to justify the making of such a declaration; GAMING – bookmaker – whether proposed conduct would contravene Unlawful Gambling Act – whether court should so declare Legislation Cited: Betting and Racing Act 1998 (NSW) Racing Administration Act 1998 (NSW) Racing and Betting Act 1993 (NT) Thoroughbred Racing Act 1996 (NSW) Totalizator Act 1997 (NSW) Unlawful Gambling Act 1998 (NSW) Cases Cited: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Australian Securities and Investments Commission v HLP Financial Planning (Aust) Pty Ltd (2007) 164 FCR 487 Bass v Permanent Trustee Co Ltd [1999] HCA 9; 198 CLR 334 Brightwater Care Group (Inc) v Rossiter (2009) 40 WAR 84; WASC 229 Commissioner for Corporate Affairs v Sansom [1981] WAR 32 Commonwealth of Australia v Sterling Nicholas Duty Free Pty Ltd (1972) 126 CLR 297 Crane v Gething (2000) 97 FCR 9 Imperial Tobacco Ltd v Attorney-General [1981] AC 718 Rediffusion (Hong Kong) Ltd v Attorney-General of Hong Kong [1970] AC 1136 Tom & Bill Waterhouse Pty Ltd v Racing New South Wales [2008] NSWSC 1013; 72 NSWLR 577 Category: Principal judgment Parties: CrownBet Pty Ltd (Plaintiff) State of New South Wales (First Defendant) TAB Limited (Second Defendant) ClubsNSW Pty Ltd (Third Defendant) Warners Bay Bowling Club Co-Op Ltd trading as Warners Bay Sports Club (Fourth Defendant) ClubsNSW Digital Services Pty Limited (Fifth Defendant) Representation: Counsel: B W Walker SC with P D Herzfeld and K Boettcher (Plaintiff) P J Brereton SC with R C A Higgins SC and B Lim (Second Defendant)