Benson v Rational Entertainment Enterprises Ltd [2018] NSWCA 111

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Benson v Rational Entertainment Enterprises Ltd [2018] NSWCA 111 Hearing dates: 8 March 2018 Decision date: 25 May 2018 Before: Beazley P at [1]; Leeming JA at [4]; Emmett AJA at [130] Decision: (1) Appeal allowed in part. (2) Set aside orders 1 and 2 made on 19 July 2017, and in lieu thereof dismiss the proceedings as against the first, second and third defendants. (3) Direct the parties to supply within 21 days (a) agreed short minutes of order, or (b) in lieu of agreement, short submissions and the orders they seek, as to the form of the judgment against the fourth defendant. (4) The respondents to pay the appellant's costs of the appeal. (5) In relation to (i) the name of the second respondent, (ii) the costs at first instance and (iii) any variation to order 4 above which may be sought, the parties are to file and serve (a) agreed short minutes of order within 21 days, or alternatively (b) short outlines of submissions and any relevant evidence in support of the orders sought by each of them within 14 days, and if they see fit a reply within 7 days thereafter, with a view to any dispute being resolved on the papers. Catchwords: CONTRACT – parties – construction of terms – online account to facilitate playing poker – former operators of website were made subject of restraining orders and forfeiture proceedings in United States – balance of player's account "frozen" – settlement of United States litigation involving new operators acquiring assets and promising to pay account balances of non U.S. players – plaintiff enters into contract with company not party to settlement – whether implied term that company pay existing balance – whether other respondents parties to that contract – appeal allowed against fourth respondent only