High Court of Australia

Victoria v Tatts Group Limited [2016] HCA 5

2 Mar 2016

Case Number: M83/2015

Before

French CJ, Kiefel, Bell, Keane, Gordon JJ

Catchwords

Contract – Construction of terms – Where contract used statutory term "gaming operator's licence" – Where contract provided for payment to respondent if "new gaming operator's licence" issued to person other than respondent – Where statutory scheme amended so gaming operator's licence could no longer be issued – Meaning of "new gaming operator's licence" – Whether payment due.

Contract – Construction of terms – Context and purpose – Where commercial context regulated by statutory regime – Where letter from member of Executive annexed to contract – View of reasonable business people.

Contract – Construction of terms – Whether pre-existing contractual right operated independently of statutory right on same subject matter – Whether pre-existing contractual right discharged or abrogated by subsequent legislative enactment.

Words and phrases – "gaming machine entitlement", "gaming operator's licence", "new gaming operator's licence".

Gaming Machine Control Act 1991 (Vic) – Pt 3.

Gambling Regulation Act 2003 (Vic) – Pts 4 and 4A of Ch 3.
View   RTF



PDF MD5: 6f9180d43314dfa5495447b2ebbf40ac
RTF MD5: 5e075885ab28ae8e75929bb8a07ef7a0