Racing NSW has filed an appeal against the Federal Court's decision that it had to refund $2.1 million in race fields fees to corporate bookmaker Sportsbet.Justice Nye Perram's judgment in the Federal Court last month ordered Racing NSW to pay back $2.1 million in collected fees to Sportsbet for the nine-month period up until the end of the 2008/09 financial year.But on Friday, Justice Perram dismissed an application by Sportsbet to also recover fees paid to Racing NSW for the 2009/10 financial
Racing NSW has filed an appeal against the Federal Court's decision that it had to refund $2.1 million in race fields fees to corporate bookmaker Sportsbet.
Justice Nye Perram's judgment in the Federal Court last month ordered Racing NSW to pay back $2.1 million in collected fees to Sportsbet for the nine-month period up until the end of the 2008/09 financial year.
But on Friday, Justice Perram dismissed an application by Sportsbet to also recover fees paid to Racing NSW for the 2009/10 financial year.
Racing NSW has now modified the Race Fields scheme to address the findings of Justice Perram pending the outcome of the appeal, with the $5 million fee-free threshold removed as of July 1 (Thursday).
It means all wagering operators now must pay a 1.5 per cent turnover tax from the very first dollar bet.
Corporate bookmaker Sportsbet and betting exchange Betfair took Racing NSW to court challenging the validity of the Race Fields Legislation which requires bookmakers to pay a 1.5 per cent fee on turnover.
In the Sportsbet case, Justice Perram ruled that although the race fields legislation was valid, the methods used to collect the 1.5 per cent turnover fee was discriminatory because the $5 million fee-free threshold was in place.
Betfair lost its challenge against Racing NSW and on Friday Justice Perram disqualified himself from hearing an application by Betfair to reopen its case.