Page 599 - Week 03 - Tuesday, 12 April 1994
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All of the above leads me to the opinion that the letter does not constitute an enforceable document. I am even more strongly of the view that, if VITAB or its "overseas representatives" were to actively connive at inducing Australian resident customers to bet with it, then no legal action whatsoever based upon the letter would have any chance of success against even the most rudimentary or unsophisticated of schemes.
The VITAB letter of 22 November 1993 may stand as an expression of goodwill, but does not give ACTTAB any practical enforceable rights.
The second letter that I would like to put into the record is from Mallesons Stephen Jaques, and I will simply read the summary. It is in relation to the same letter. I quote:
Unless the ACT TAB could show that the Letter amounted to a representation which VITAB knew ACT TAB was to rely upon to its detriment (a situation which does not appear from the correspondence), then in our view the Letter is only a statement as at the date of the Letter of the present intention of VITAB about the way in which it intends to promote its activities among Australian resident customers. It is not itself legally enforceable. It is not intended as an amendment to the Agreement, and it is the terms of the Agreement which would contain the terms that would be legally enforceable.
It seems to me that the Minister is still in Alice in Wonderland, if we are going to use Lewis Carroll's analogy, in terms of this whole question of inducements in relation to the VITAB arrangements.
I turn now to this statement that Mr Berry makes at page 14. He said, in fact, proudly, that we have made $50,000, and that "a further $50,000 is projected through to 30 June 1994". We have just lost the superpool, however. We have a classic example here of being penny wise and pound foolish, Minister.
Mr Berry: We have not lost. We are still in it.
Mr De Domenico: It will cost them more than $50,000 for ACTTAB's legal fees.
MR CORNWELL: We have just lost the superpool and you are talking about a lousy $50,000.
Ms Follett: I raise a point of order, Madam Speaker. I am quite unable to hear Mr Cornwell for Mr De Domenico's interjections. I think he should be called to order.
Mr Moore: What about Mr Berry's interjections? Come on!
MADAM SPEAKER: Order! I do not need any comments on the level of interjections. I could not hear any. I was busy. There will be order. Continue, Mr Cornwell.
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