Sportsbet Pty Ltd v State of New South Wales (No 7) [2009] FCA 1585

Sportsbet Pty Ltd v State of New South Wales (No 7) [2009] FCA 1585

The trial should be adjourned to early February 2010 due to the applicant's genuine inability to proceed as a result of late and voluminous discovery, lack of readiness of documentary evidence, and inadequate preparation; however, the applicant is not permitted to rely upon further economic evidence regarding the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
23 December 2009
Procedural Posture
Civil / Interlocutory Application (adjournment and Procedural Orders)
Outcome
Trial adjourned; costs awarded to respondents; adjournment allowed but not for purpose of adducing new economic evidence.
Legal Topics
['adjournment' 'race Fields Legislation' 'section 92 of the Constitution' 'discovery' 'costs Applications' 'case Management']
['constitutional Law' 'civil Procedure'] ['adjournment' 'race Fields Legislation' 'section 92 of the Constitution' 'discovery' 'costs Applications' 'case Management']

Source-derived case record

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Procedural Posture

Civil / Interlocutory Application (adjournment and Procedural Orders)

Legal Issues

  1. 1 ['Whether the proceedings should be adjourned and, if so, on what terms' 'Whether Sportsbet should be permitted to rely on further economic evidence regarding the national wagering market' 'Responsibility for delay and preparation']

Ratio Decidendi

The trial should be adjourned to early February 2010 due to the applicant's genuine inability to proceed as a result of late and voluminous discovery, lack of readiness of documentary evidence, and inadequate preparation; however, the applicant is not permitted to rely upon further economic evidence regarding the national wagering market as its failure to adduce such evidence earlier was due to its own forensic decisions. Sportsbet is to pay the respondents' costs of the adjournment and the issue of indemnity costs is reserved to trial.

Court Disposition

Trial adjourned; costs awarded to respondents; adjournment allowed but not for purpose of adducing new economic evidence.

Orders

  • ['Hearing of the trial fixed for 1 December 2009 vacated.' 'Applicant to pay respondents’ costs of adjournment and costs thrown away due to vacation of trial.' 'Issue of indemnity costs reserved for trial.' 'Trial fixed for seven days commencing 5 February 2010 (dates adjusted as per judgment).' 'Procedural...