Tabcorp has confirmed it has commenced proceedings in the Supreme Court of New South Wales seeking preliminary discovery from Entain and the Australian Hotels Association NSW (AHA NSW).

AHA NSW and Entain announced a long-term agreement last month, saying will provide an opportunity for Entain Australia to promote its digital wagering brands – Ladbrokes and Neds – in the state’s pubs through a new advertising and sponsorship arrangement.

They said at the time that the arrangement does not interfere with the exclusive license that TAB has in New South Wales for physical outlets. That license was brokered by the State Government in 2013 and runs until 2033.

In a statement about the Supreme Court move, Tabcorp said: “Tabcorp has written to Entain and AHA NSW to inform them of our concerns about the arrangements proposed to be implemented by Entain in NSW pubs that are members of AHA NSW. We have advised both Entain and AHA NSW that we are concerned that the proposed arrangements with Entain may, depending on all of the facts, raise a risk of contravening the Unlawful Gambling Act 1998 (NSW).

“Entain and AHA NSW have not provided sufficient information to Tabcorp on the Entain proposal in order for Tabcorp to decide whether to commence substantive proceedings against Entain and AHA NSW.”

The Shout contacted both Entain and AHA NSW for comment, a spokesperson for AHA NSW said: “AHA NSW confirms that it is in receipt of court filing on behalf of Tabcorp. AHA NSW is giving full consideration to these matters and has no further comment at this stage.”

And a spokesperson for Entain told The Shout: “Entain can confirm it has received legal documentation from lawyers acting on behalf of Tabcorp. It will take time to assess that documentation and offers no further comment at this stage.”

This preliminary discovery move by Tabcorp aims to give the gaming giant further information, which will inform the decision as to whether it will commence substantive proceedings. This would involve Tabcorp making a claim for damages or an injunction against Entain and AHA NSW.

Andy Young

Andy joined Intermedia as Editor of The Shout in 2015, writing news on a daily basis and also writing features for National Liquor News. Now Managing Editor of both The Shout and Bars and Clubs.

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