SkyCity Adelaide Pty Ltd v Treasurer of South AustraliaCitation:[2024] HCA 37Before:Gageler CJ, Gordon, Edelman, Gleeson, Beech-Jones JJDate:16 Oct 2024Case Number:A10/2024Read more
Converted credits used to place bets constitute 'amounts received' for or in respect of consideration for gambling under the CDA and Casino Act. The 20% per annum interest for late payment is not a penalty but an enforceable contractual obligation.
- Parties
- Appellant: Appellant; Respondent: Treasurer
- Jurisdiction
- Australia
- Judgment Date
- 16 October 2024
- Procedural Posture
- Civil / Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Interpretation of Contract Terms, Penalties and Relief Against Penalties, Casino Duty and Revenue Calculation
Case Brief
Summary, issues, holding and outcome
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Parties
Appellant
Appellant
Treasurer
Respondent
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether converted credits used to place bets constitute 'amount received' by the appellant 'for or in respect of consideration for gambling' under the Casino Duty Agreement and Casino Act
- 2 Whether the obligation to pay 20% per annum interest for late payment is a penalty and subject to relief at common law or in equity
Ratio Decidendi
Converted credits used to place bets constitute 'amounts received' for or in respect of consideration for gambling under the CDA and Casino Act. The 20% per annum interest for late payment is not a penalty but an enforceable contractual obligation.
Court Disposition
Appeal dismissed
Orders
- Appellant to pay the respondent's costs
Full Case Text
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