Endresz v Queensland Racing Integrity Commission

The case of Endresz v Queensland Racing Integrity Commission involves the owners of a thoroughbred racehorse who challenged the decisions made by the Queensland Racing Integrity Commission regarding their horse's disqualification from a race. The applicants, a syndicate of owners, contested the disqualification of their horse, which had placed first in a race held in January 2020, after a prohibited substance was detected in a post-race urine sample. The respondents are statutory bodies responsible for disciplinary matters in thoroughbred racing under the Racing Integrity Act 2016 (Qld) and the Australian Rules of Racing. The applicants had previously successfully appealed the stewards' decision that disqualified their horse and obtained orders declaring the disqualification void on grounds of natural justice. However, the first respondent later advised its intention to conduct a third inquiry into the matter, prompting the current application.

The central legal issues in this case revolve around whether the stewards have already exercised their power to conduct an inquiry under the Australian Rules of Racing, whether they failed to perform relevant obligations within a reasonable time, and whether the proposed third inquiry is without jurisdiction and beyond power. The applicants argued that the first respondent had already exercised its power to conduct an inquiry by holding the previous two inquiries and that any further inquiry would be an abuse of process. They also contended that the respondents had failed to perform their obligations within a reasonable time.

The court concluded that the question of the reliability and usability of the urine sample could not be determined in these proceedings and was a matter for the Third Inquiry. The court found that the owners had not succeeded in their arguments. It held that the previous inquiries did not exhaust the power to conduct further inquiries, and thus the proposed third inquiry was not beyond power or without jurisdiction. Consequently, the application was dismissed, and the respondents were not restrained from conducting the third inquiry.

The final orders of the court were that the application is dismissed. This decision allows the Queensland Racing Integrity Commission to proceed with the third inquiry into the post-race urine sample of the racehorse.