Supreme Court
New South Wales
Medium Neutral Citation: Kavanagh v Racing New South Wales [2019] NSWSC 40 Hearing dates: 7 February 2019 Date of orders: 15 February 2019 Decision date: 15 February 2019 Jurisdiction: Common Law Before: Fagan J Decision: Quash the decision of the Racing Appeals Tribunal finding the plaintiff liable for breach of AR 175(h)(i) of the Australian Rules of Racing.
Quash the penalties imposed by the Tribunal for breaches of 1, 5, 13, 14 and 15 and remit to the Tribunal for determination according to law.Catchwords: ADMINISTRATIVE LAW – administrative tribunal – Racing Appeals Tribunal – judicial review –construction of Australian Racing Rule 175 (h)(i) – whether decision unreasonable – whether evident or intelligible justification existed – effect of special circumstances under AR 108(d) on mandatory minimum disqualification – whether reduction manifestly inadequate – whether any delegation of power to stewards – functions of Racing NSW under Thoroughbred Racing Act – functions conferred by Australian Racing Rules – appointment and empowerment of stewards to discharge functions under Australian Racing Rules
PROFESSIONS AND TRADES – licensing and regulation of horse trainer
WORDS AND PHRASES – “for the purpose of affecting the performance of a horse” – Australian Racing Rules, AR 175 (h)(i) – whether knowledge of prohibited substance required for plaintiff to have purposeLegislation Cited: Racing Appeals Tribunal Act 1983 (NSW)
Supreme Court Act 1970 (NSW)
Thoroughbred Racing Act 1996 (NSW)Cases Cited: House v The King (1936) 55 CLR 499; [1936] HCA 40
Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18
Racing Victoria Ltd v Kavanagh [2017] VSCA 334Category: Principal judgment Parties: Sam Kavanagh (plaintiff)
Racing New South Wales (first defendant)
Racing Appeals Tribunal (second defendant)Representation: Counsel:
Solicitors:
M A Karam with D E Thomas (plaintiff)
P S Braham SC with J McLeod (defendants)
Rydge Evans Lawyers (plaintiff)
Peter Thomas Sweney (defendants)
File Number(s): 2018/278284 Publication restriction: No
Judgment
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HIS HONOUR: This is an application by the plaintiff, a licensed racehorse trainer, for judicial review of a decision of the Racing Appeals Tribunal. On 23 May 2018 the Tribunal found the plaintiff liable for a number of breaches of the Australian Rules of Racing (“Australian Rules” or “AR”) committed between September 2014 and June 2015. The breaches were alleged against the plaintiff by the first defendant, Racing NSW. They concerned administration to horses of prohibited substances, in most cases cobalt but in one instance caffeine. By way of penalty on 13 August 2018 the Tribunal disqualified the plaintiff from working as a trainer for an extended period. Both the liability decision and the penalty decision are said to be vitiated by error of law on the face of the record: s 69(3) and (4) of the Supreme Court Act 1970 (NSW).
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The Tribunal found that on 9 January 2015 the plaintiff breached AR 175(h)(i) by administering cobalt to a horse named Midsummer Sun for the purpose of affecting its performance in a race. This…
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- Case
- [2019] NSWSC 40
- Decision Date
CaseChat Overview and Summary
The court first considered whether the Tribunal's decision was unreasonable. It held that the Tribunal had correctly interpreted AR 175 (h)(i) and that there was evident or intelligible justification for the decision. The court found that the Tribunal had properly considered the special circumstances under AR 108(d) and that the reduction in the disqualification period was not manifestly inadequate. The court also considered whether there was any delegation of power to the stewards and found that Racing NSW had properly appointed and empowered the stewards to discharge their functions under the Australian Racing Rules. Finally, the court considered the functions of Racing NSW under the Thoroughbred Racing Act and found that they were properly exercised in this case.
The court ultimately dismissed Kavanagh's application for judicial review and upheld the decision of the Racing Appeals Tribunal. It found that the Tribunal's decision was not unreasonable and that there was evident or intelligible justification for the disqualification period imposed on Kavanagh. The court held that the Tribunal had properly considered the special circumstances under AR 108(d) and that the reduction in the disqualification period was not manifestly inadequate. The court also found that Racing NSW had properly appointed and empowered the stewards to discharge their functions under the Australian Racing Rules and that the functions of Racing NSW under the Thoroughbred Racing Act were properly exercised in this case. The final order of the court was that Kavanagh's application for judicial review be dismissed with costs.
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