Sportsbet Pty Ltd v State of New South Wales (No 11) [2010] FCA 59

Sportsbet Pty Ltd v State of New South Wales (No 11) [2010] FCA 59

Leave should be granted to the applicant to amend the statement of claim and application to rely on the operation of covering clause 5 of the Commonwealth of Australia Constitution Act, as the amendment arose in response to the respondents' argument concerning the limited operation of s 109 of the Constitution, and...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 February 2010
Procedural Posture
Application/motion to Amend Pleadings / Interlocutory Order on Amendment of Statement of Claim and Application
Outcome
Leave to amend statement of claim and application granted; respondents to pay applicant's costs of the motion.
Legal Topics
['pleadings' 'amendment of Statement of Claim' 'inconsistency of Laws' 'constitutional Validity' 'interpretation of Statutes']
['practice and Procedure' 'constitutional Law'] ['pleadings' 'amendment of Statement of Claim' 'inconsistency of Laws' 'constitutional Validity' 'interpretation of Statutes']

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Procedural Posture

Application/motion to Amend Pleadings / Interlocutory Order on Amendment of Statement of Claim and Application

Legal Issues

  1. 1 ['Whether leave should be granted to amend the statement of claim and application to include reliance on covering clause 5 of the Constitution for constitutional inconsistency.' "Whether s 109 of the Constitution can operate to invalidate executive/administrative conditions not amounting to 'laws of a State'."]

Ratio Decidendi

Leave should be granted to the applicant to amend the statement of claim and application to rely on the operation of covering clause 5 of the Commonwealth of Australia Constitution Act, as the amendment arose in response to the respondents' argument concerning the limited operation of s 109 of the Constitution, and no prejudice or procedural deficiency warranting refusal of leave was demonstrated.

Court Disposition

Leave to amend statement of claim and application granted; respondents to pay applicant's costs of the motion.

Orders

  • ['Sportsbet granted leave to file and serve by 4.00pm today a third further amended statement of claim containing paragraph 95 as set out in the notice of motion filed on 8 February 2010 save that the reference to covering cl 5 of the Constitution is to be altered to be a reference to covering cl 5 of the...