Hooper v Racing Queensland Ltd - [2012] QCATA 226

CITATION:

Hooper v Racing Queensland Ltd [2012] QCATA 226

PARTIES:	Darren Hooper (Applicant/Appellant)
v
Racing Queensland Ltd (Respondent)

APPLICATION NUMBER:

APL274-12

MATTER TYPE:

Appeals

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Richard Oliver, Senior Member
Jeremy Gordon, Member

DELIVERED ON:

14 November 2012

DELIVERED AT:

Brisbane

ORDERS MADE:

Appeal dismissed.

CATCHWORDS:

RACING APPEAL AGAINST FINDING AND PENALTY – Australian Harness Racing Rules – breaches of Rule 243 (prejudicial or detrimental behaviour) and 247 (intimidatory behaviour before stewards) – disqualification – whether findings correct – whether reasons sufficient – whether penalty excessive

Australian Harness Racing Rules, rules 243, 247

Meller v Low [2000] NSWSC 75
Mitchell v Racing Queensland Limited [2011] QCAT 160
Ball, RD v Greyhound Racing Authority (Qld) [2006] QRAT 38
Goodman, Brian v Greyhound Racing Authority (Qld) [2006] QRAT 39
Coroneos v Medical Board of Queensland [2003] QCA 269

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).

REASONS FOR DECISION

Richard Oliver, Senior Member

I have had the benefit of reading the reasons of Mr Gordon in draft. I agree with his reasons and his conclusions, and the order he proposes.

Jeremy Gordon, Member

On 5 May 2012 TEDDY’S GIRL, a horse trained by Mr Hooper, was withdrawn by the stewards from a harness race at Redcliffe Harness Racing Club. This was on the advice of a veterinary surgeon following a collision between the horse and another horse earlier that day.

Mr Hooper was very unhappy with this decision, and immediately he went to the stewards’ room at the Racing Club where he confronted Ms Kwan Wolsey, the officiating steward. He berated her to such an extent that he ended up being charged with an offence under rule 247 of the Harness Racing Rules. That rule reads:

A person attending before the Controlling Body its members or employees, the Stewards, officials, or at any proceeding under these rules, shall not speak or behave in a malicious, intimidatory or otherwise improper manner.

As Mr Hooper returned to the stables and in the stabling area he was heard to shout swear words and possibly an offensive comment referring to Ms Wolsey. This resulted in a charge for an offence under rule 243 of the Harness Racing Rules which reads:

A person employed, engaged or participating in the harness racing industry shall not behave in a way which is prejudicial or detrimental to the industry.

Mr Hooper admitted that he had contravened rule 243 but denied the charge under rule 247. The stewards found him guilty of the rule 247 charge and disqualified him for four months for the rule 243 contravention and for three months for the rule 247 contravention, to run concurrently.

He applied to QCAT for a review of the finding of guilt in the rule 247 matter and also asked QCAT to review the penalties imposed. Following a hearing of the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Hooper v Racing Queensland Ltd

Details

AGLC: Hooper v Racing Queensland Ltd [2012] QCATA 226
Case: [2012] QCATA 226
Decision Date: 14 November 2012

CaseChat Overview and Summary

The matter before the court was an appeal by Racing Queensland Ltd against findings of and penalties imposed by stewards under the Australian Harness Racing Rules. The stewards found Racing Queensland Ltd in breach of Rule 243, concerning prejudicial or detrimental behaviour, and Rule 247, concerning intimidatory behaviour before stewards. These findings led to a disqualification of the driver involved. The court was required to determine if the stewards' findings were correct, if the reasons provided were sufficient, and if the penalty was excessive.

The court examined the evidence presented and the application of the rules by the stewards. It considered the nature of the driver's conduct, whether it was indeed prejudicial, detrimental, or intimidatory. The court also assessed the adequacy of the reasons provided by the stewards for their findings and the proportionality of the penalty imposed. After thorough analysis, the court found that the stewards' decision was supported by the evidence and the rules, and the penalty was appropriate in the circumstances.

Consequently, the court dismissed the appeal by Racing Queensland Ltd. The findings of the stewards, along with the penalty of disqualification, were upheld. The court confirmed that the stewards had correctly applied the rules and provided sufficient reasons for their decision, and the penalty was not excessive.

Orders

Orders of the court

Appeal dismissed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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