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

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

Although dismissal of the Amended Summons would ordinarily lead to CrownBet paying TAB's costs, neither CrownBet nor TAB was a clear victor because the Court declined to express any opinion on the main lawfulness issue, TAB was not a disinterested contradictor, and the proceedings were a commercial contest between wagering competitors. The justice of the case required no order as to costs, with all parties bearing their own costs.

Jurisdiction
Australia
Judgment Date
15 November 2017
Procedural Posture
Costs / On the Papers
Outcome
Amended Summons dismissed; no order as to costs.
Legal Topics
['costs Follow the Event' 'costs Discretion' 'declaratory Relief' 'unlawful Gambling Act 1998 (nsw)']
['civil Procedure' 'costs' 'gambling Law'] ['costs Follow the Event' 'costs Discretion' 'declaratory Relief' 'unlawful Gambling Act 1998 (nsw)']

Case Brief

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Procedural Posture

Costs / On the Papers

Legal Issues

  1. 1 ["Whether CrownBet should pay TAB's costs following dismissal of the Amended Summons." 'Whether the justice of the case required departure from the general rule that costs follow the event where the Court declined to determine the substantive lawfulness issue.']

Ratio Decidendi

Although dismissal of the Amended Summons would ordinarily lead to CrownBet paying TAB's costs, neither CrownBet nor TAB was a clear victor because the Court declined to express any opinion on the main lawfulness issue, TAB was not a disinterested contradictor, and the proceedings were a commercial contest between wagering competitors. The justice of the case required no order as to costs, with all parties bearing their own costs.

Court Disposition

Amended Summons dismissed; no order as to costs.

Orders

  • ['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.']