Victoria v Tatts Group Limited

HIGH COURT OF AUSTRALIAFRENCH CJ,KIEFEL, BELL, KEANE AND GORDON JJSTATE OF VICTORIA  APPELLANTANDTATTS GROUP LIMITED  RESPONDENTVictoria v Tatts Group Limited[2016] HCA 52 March 2016M83/2015ORDER1.Appeal allowed with costs.2.Set aside the orders of the Court of Appeal of the Supreme Court of Victoria made on 4 December 2014 and in their place order that:(a)the appeal be allowed with costs;(b)orders 1 and 2 of the orders of Hargrave J made on 27 June 2014 be set aside, and in their place order that the proceeding be dismissed with costs;(c)the respondent pay the appellant $540,467,887.92 with interest, calculated from 27 June 2014.On appeal from the Supreme Court of VictoriaRepresentationW A Harris QC with R G Craig and K A Loxley for the appellant (instructed by Johnson Winter & Slattery)N J Young QC with P D Crutchfield QC and N P De Young for the respondent (instructed by Clayton Utz Lawyers)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSVictoria v Tatts Group LimitedContract – 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...