Day v Harness Racing New South Wales

The appeal in *Day v Harness Racing New South Wales* concerned a challenge brought by licence holders against Harness Racing New South Wales (HRNSW) regarding the suspension of their licences. The primary dispute revolved around whether HRNSW had breached its duty to accord procedural fairness to the appellants before imposing the suspensions. The matter was heard in the Court of Appeal of New South Wales, with McColl, Macfarlan, and Leeming JJA presiding.

The court was required to determine several key legal issues. These included whether HRNSW owed a duty to provide procedural fairness to the appellants before suspending their licences, and if such a duty was excluded by the relevant rules. Further questions arose concerning whether any breach of procedural fairness was rectified by the "overall process" being fair, and whether relief should be refused due to futility or the availability of an appeal. Additionally, the court considered the construction and validity of certain delegated legislation, specifically Australian Harness Racing Rules (AHRR) 90, 90A, 91, and 188A, including whether a rule was beyond the scope of the power under which it was made.

The Court of Appeal found that HRNSW had breached its duty to accord procedural fairness to the appellants. The court reasoned that the rules did not exclude this duty and that the "overall process" argument was not a sufficient answer to a failure to provide procedural fairness at the critical stage of licence suspension. The court also determined that the appellants' challenge to the validity of the specific AHRR was dismissed. However, the court allowed the appeal, setting aside the decisions to suspend the licences and dismissing the summons. The court ordered that the respondents pay 50% of the appellants' costs of the appeal.