Lewin v Racing NSW ABN 86281604417

The matter between Lewin and Racing NSW, the Administrator of the Thoroughbred Racing Act 1996, involved the decision by Racing NSW not to renew the bookmaker’s licence of Lewin. The case was heard in the Supreme Court of New South Wales. Lewin contested the decision, arguing that it should be appealable to the Racing Appeals Tribunal, despite the relevant provisions of the Racing Appeals Tribunal Act 1983 and the regulations made under it.

The court was required to determine whether the decision by Racing NSW not to renew the bookmaker's licence was appealable to the Racing Appeals Tribunal. The key legal issue was the interpretation of the relevant provisions, specifically sections 15, 18, and 23 of the Racing Appeals Tribunal Act 1983, regulation 5 of the Racing Appeals Tribunal Regulations 2005, and the applicable rules under the Thoroughbred Racing Act 1996. The court had to consider whether the decision fell within the scope of matters that could be appealed to the Tribunal and whether the term “disqualification” in section 18 of the Racing Appeals Tribunal Act 1983 applied to the decision in question.

The court held that the decision by Racing NSW not to renew the bookmaker’s licence constituted a “disqualification” within the meaning of section 18 of the Racing Appeals Tribunal Act 1983. This decision was not precluded from appeal. The court considered the interaction of the relevant statutory provisions and the rules, and found that the decision fell within the classes of matters specified in section 18 of the Act, making it appealable to the Tribunal. The court also examined the broader principles of statutory interpretation, focusing on achieving harmonious and consistent goals across the relevant statutes and regulations.

The court ordered that the decision by Racing NSW not to renew Lewin’s bookmaker’s licence was appealable to the Racing Appeals Tribunal, and that a declaration to that effect be issued.