Sportsbet Pty Ltd v State of New South Wales

Federal Court of Australia|2010-02-23|Before: Mr P, Mr J, Perram J

Pursuant to s 50 of the Federal Court of Australia Act 1976 (Cth) the parts of the document identified in the schedule attached to these orders shall not be published to any person except the parties in this proceeding, the TAB parties and their respective legal representatives without the leave of the Court. 2. Order 1 does not affect any existing access of the parties in the proceedings to any documents identified in the Schedule or any existing confidentiality regime in place in relation to those documents. 3. The material identified in order 1 only be used for the purposes of these proceedings. 4. All existing confidentiality orders are extended to 5.00 pm Thursday 15 April 2010. 5. The parties are to bring in short minutes of order giving effect to these reasons by Tuesday 30 March 2010. 6. Stand over for further directions on the issue of confidentiality to Tuesday 6 April 2010. Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using Federal Law Search on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA

GENERAL DIVISION NSD 1821 of 2008

6 There may be strategy documents going beyond financial materials and it may be that a separate regime can be justified in respect of those documents. As I intend on and after 15 September 2009 there will be no financial materials subject to a confidentiality order under this structure. 7 I turn then to the application made by TAB Limited, Tabcorp Holdings Pty Limited, Luxbet Pty Limited and Skychannel Pty Limited ("the TAB parties"). I see no reason to distinguish the materials in those applications - which are essentially commercially sensitive materials - from the situation I have just discussed. Because all parties have proceeded thus far on the basis of Sportsbet (No. 12) and Betfair (No. 5) and (No. 12) it would be inappropriate and unfair presently not to make the orders sought. However, the confidentiality regime granted will expire on the same basis set out above. 8 The documents in respect of which protection is sought by the TAB parties are not presently the subject of an order pursuant to s 50. I will for similar reasons make the orders which are sought in those parties' notice of motion. In relation to the second and third respondents' application it is necessary for me to extend the interim orders which have been thus far made and I will do so. I will make both sets of those orders now. In relation to the regime of ongoing expiration of confidentiality orders, clearly there will be complex questions as to how this is to be achieved. It seems to be to be appropriate to give all parties some considerable period of time to work through those issues. The parties are, therefore, to bring in short minutes of order by Tuesday 30 March 2010 in accordance with the reasons set out above. 9 I will list this matter (and Betfair) for directions on Tuesday 6 April 2010 for the specific purpose of dealing with the ongoing aspects arising from confidentiality. 10 The orders of the Court are: 1. Pursuant to s 50 of the Federal Court of Australia Act 1976 (Cth) the parts of the document identified in the schedule attached to these orders shall not be published to any person except the parties in this proceeding, the TAB parties and their respective legal representatives without the leave of the Court. 2. Order 1 does not affect any existing access of the parties in the proceedings to any documents identified in the Schedule or any existing confidentiality regime in place in relation to those documents. 3. The material identified in order 1 only be used for the purposes of these proceedings. 4. All existing confidentiality orders are extended to 5.00 pm Thursday 15 April 2010. 5. The parties are to bring in short minutes of order giving effect to these reasons by Tuesday 30 March 2010. 6. Stand over for further directions on the issue of confidentiality to Tuesday 6 April 2010.

SCHEDULE LIST OF PARTS OF DOCUMENTS 1. The dollar figures in the table at page 1362 of section 2 of the Court Book. 2. The figures in the tables on pages 1363 and 1364 of section 2 of the Court Book. 3. The dollar figure in brackets immediately after the words 'reasonable financial offer' on page 1366 of section 2 of the Court Book. 4. The dollar figure immediately after the words 'was considering offering to pay' in the second bullet point on page 1399 of section 2 of the Court Book. 5. The dollar figures in the second bullet point and last paragraph on page 1413 of section 2 of the Court Book. 6. The dollar figures in the second and third paragraphs on page 1414 of section 2 of the Court Book. 7. The dollar figure immediately after the words 'Tabcorp further indicated that it will cap its second half operating costs at' in the second paragraph under the heading '2006/07 WIF Payments' on page 1481 of section 2 of the Court Book. 8. The dollar figure immediately after the words 'for the purposes of the second half WIF calculation to the 'in the second bullet point on page 1559 of section 2 of the Court book. 9. The following parts of page 1560 of section 2 of the Court Book: (a) the dollar figure immediately after the words 'for the purposes of the WIF calculation, to' in the first bullet point; (b) the dollar figure immediately after the words 'A fixed price of' in the first sub-bullet point to the second bullet point; and (c) the dollar figures in the 3 bullet points under the heading '2.2.2 Thoroughbred Timeslot'. 10. The dollar figures in the table on page 1835 of section 2 of the Court Book. 11. The percentage figures and dollar figures in the final paragraph on page 2748 of section 2 of the Court Book. 12. The percentage figures and dollar figures in the first and fifth paragraphs on page 2749 of section 2 of the Court Book. 13. The dollar figure in the fifth bullet point on page 2795 of section 2 of the Court Book. 14. The dollar figure in paragraph 330(c) of the document entitled 'Applicant's Submissions on and Summary of Facts'. I certify that the preceding ten (10) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Perram.

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