CrownBet Pty Ltd v State of New South Wales (No 2) [2017] NSWSC 1549

Supreme Court New South Wales

Medium Neutral Citation: CrownBet Pty Ltd v State of New South Wales (No 2) [2017] NSWSC 1549 Hearing dates: On the papers Decision date: 15 November 2017 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Order that the Amended Summons be dismissed. No order as to the costs of the proceedings with the intent that all parties bear their own costs Catchwords: COSTS – where plaintiff sought declaration that proposed conduct not unlawful – where court declined to make declaration as a matter of discretion – where only active defendant not a disinterested contradictor Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Unlawful Gambling Act 1998 (NSW) Cases Cited: CrownBet Pty Ltd v State of New South Wales [2017] NSWSC 1470 Category: Costs 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)

Solicitors: Minter Ellison (Plaintiff) Crown Solicitor's Office (First Defendant) Herbert Smith Freehills (Second Defendant) Baker & McKenzie (Third & Fifth Defendants) Henry Davis York (Fourth Defendant) File Number(s): SC 2017/157108