Sportsbet Pty Ltd v Harness Racing Victoria (No 7) [2012] FCA 1093

Sportsbet Pty Ltd v Harness Racing Victoria (No 7) [2012] FCA 1093

The Turnover Condition imposed by HRV was invalid, as was the decision to revoke or refuse approval based on it. Costs were to be awarded based on the relative success of parties on individual issues, with Sportsbet recovering 50% of its costs from HRV (restricted to one Senior and one Junior Counsel), and the State recovering 90% of its costs from Sportsbet due to its success on the principal statutory validity issue.

Parties
Applicant: Sportsbet Pty Ltd; First Respondent: Harness Racing Victoria; Second Respondent: State of Victoria
Jurisdiction
Australia
Judgment Date
10 October 2012
Procedural Posture
Application / Post Judgment, Determination of Orders and Costs Following Principal Reasons
Outcome
Turnover Condition and associated decision declared invalid; application otherwise dismissed; costs apportioned between parties by percentage.
Legal Topics
Costs, Declaratory Relief, Statutory Validity, Gaming and Wagering Regulation
Administrative Law Costs Declaratory Relief Statutory Validity Gaming and Wagering Regulation

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Parties

Sportsbet Pty Ltd

Applicant

Harness Racing Victoria

First Respondent

State of Victoria

Second Respondent

Procedural Posture

Application / Post Judgment, Determination of Orders and Costs Following Principal Reasons

Legal Issues

  1. 1 Whether the Turnover Condition imposed by HRV was valid
  2. 2 Whether the decision to revoke or refuse approval under s 2.5.19D was valid
  3. 3 Whether ss 2.5.19B and 2.5.19D of the Gambling Regulation Act 2003 (Vic) were invalid

Ratio Decidendi

The Turnover Condition imposed by HRV was invalid, as was the decision to revoke or refuse approval based on it. Costs were to be awarded based on the relative success of parties on individual issues, with Sportsbet recovering 50% of its costs from HRV (restricted to one Senior and one Junior Counsel), and the State recovering 90% of its costs from Sportsbet due to its success on the principal statutory validity issue.

Court Disposition

Turnover Condition and associated decision declared invalid; application otherwise dismissed; costs apportioned between parties by percentage.

Orders

  • Declaration that the Turnover Condition imposed on 19 December 2008 is invalid.
  • Declaration that the decision to revoke/refuse approval under s 2.5.19D on the grounds of non-payment is invalid.