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

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

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Parties

Appellant

Appellant

Treasurer

Respondent

Procedural Posture

Civil / Judgment

  1. 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. 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