LISAFA HOLDINGS PTY LTD v THE GAMING TRIBUNAL AND ANOR [NO 2] [1992] NSWCA 139

LISAFA HOLDINGS PTY LTD v THE GAMING TRIBUNAL AND ANOR [NO 2] [1992] NSWCA 139

A short stay of the Tribunal's interim order is granted, given the undertaking by the claimant to remove prohibited devices and to balance the potential financial harm with the public interest and provisions for swift return to court if necessary.

Parties
Claimant: Lisafa Holdings Pty Ltd; First Opponent: The Gaming Tribunal; Second Opponent: George Taylforth
Jurisdiction
Australia
Judgment Date
04 March 1992
Procedural Posture
Application for Stay Pending Appeal / Interlocutory
Outcome
Interim stay granted
Legal Topics
Stay of Tribunal Order, Public Interest, Interim Relief
Practice and Procedure Gaming Law Stay of Tribunal Order Public Interest Interim Relief

Case Brief

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Parties

Lisafa Holdings Pty Ltd

Claimant

The Gaming Tribunal

First Opponent

George Taylforth

Second Opponent

Procedural Posture

Application for Stay Pending Appeal / Interlocutory

Legal Issues

  1. 1 Whether a stay of the Gaming Tribunal's interim order should be granted to protect the appeal to the Court of Appeal
  2. 2 Impact of s33 of the Gaming and Betting Act 1912 on business operations during the stay
  3. 3 Balance of financial consequences to the claimant and public interest

Ratio Decidendi

A short stay of the Tribunal's interim order is granted, given the undertaking by the claimant to remove prohibited devices and to balance the potential financial harm with the public interest and provisions for swift return to court if necessary.

Court Disposition

Interim stay granted

Orders

  • Operation of the interim order made by the Gaming Tribunal on 25 February 1992 is stayed until 4.15 pm on Monday 9 March 1992 or further order.
  • Liberty to the second opponent or their representative to apply to re-list the proceedings before the Court on one hour's notice to the claimant.