Lottoland (Australia) Pty Ltd v Minister for Racing, Gaming and Licensing & Anor (No 2)

[2022] NTSC 66

Supreme Court of the Northern Territory

Built by Barristers,
For Australian Law.

1. Statutory construction
2. › Whether the first additional condition possesses reasonable certainty of meaning and application
3. › Meaning of “reasonable person”
4. › Meaning of “lottery”
5. › Meaning of “constitutes or approximates”
6. › The second limb of the first condition ((a)(ii)) contemplates the plaintiff’s state of mind
7. › ((a)(ii)) is vague and not reasonably certain
8. › Held ((a)(ii)) is ultra vires and invalid
1. Constitutional Law
2. › Whether the direction contravened s 49 of the Northern Territory (Self-Government) Act 1978 (Cth)
3. › Whether the plaintiff engaged in trade between the Northern Territory and New South Wales
4. › Plaintiff engaged in intraterritory trade
5. › Direction constitutionally valid
1. Procedural Fairness
2. › Decision maker exercising discretionary power
3. › Whether the defendants genuinely considered the material submissions made by the plaintiff
4. › Procedural fairness accorded
1. Gaming and Control Act 1993 (NT) s 3