Poker machine entitlements under the Gaming Machines Act 2001 (NSW) are unique statutory entitlements for which damages may not be an adequate remedy, given the limited and declining market, the requirement for Board approval, and the difficulty of proving damage retrospectively. A contractual right to direct the transfer of such entitlements is enforceable by injunctive relief even though the plaintiff does not hold a proprietary interest in the entitlements. Failure to file a timely notice of contention does not preclude the formulation of appropriate orders where no procedural fairness issues arise.
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