[2017] NSWSC 1558

CrownBet Pty Ltd v State of New South Wales (No 3)

Existing order confirmed

Catchwords

COSTS – further consideration

[1]
Yesterday, I published a judgment dealing with the question of the costs of these proceedings (CrownBet Pty Ltd v State of New South Wales (No 2) [2017] NSWSC 1549).
[2]
As I recorded at [5], I had received submissions from CrownBet and TAB, it being agreed that I should decide the issue on the papers.
[3]
In accordance with a timetable agreed between the parties, I received submissions from TAB on 3 November 2017 and from CrownBet on 10 November 2017.
[4]
When publishing the judgment of 15 November 2017, I overlooked the fact that, by their timetable, the parties had agreed that TAB might have until 5pm on 15 November 2017 to make submissions in reply.
[5]
The fault was entirely mine.
[6]
TAB delivered its reply submissions, in accordance with the parties’ agreement, several hours after my judgment was published.
[7]
I regret the position in which my oversight has placed the parties, particularly TAB.
[8]
I have now given careful consideration to TAB’s reply submissions.
[9]
They do not cause me to change the views I expressed in my judgment of 15 November 2017 or to form a different view as to what costs order the justice of the case requires.