Manzelmann v Racing Queensland Limited - [2012] QCAT 416

CITATION:

Manzelmann v Racing Queensland Limited [2012] QCAT 416

PARTIES:	John Manzelmann (Applicant)
v
Racing Queensland Limited (Respondent)

APPLICATION NUMBER:

OCR273-11

MATTER TYPE:

Occupational regulation matters

HEARING DATE:

11 January 2012

HEARD AT:

Brisbane

DECISION OF:

Jim Allen, Member

DELIVERED ON:

6 September 2012

DELIVERED AT:

Brisbane

ORDERS MADE:

1. The decision of the Stewards on 15 November 2011 is set aside.

2. Mr Manzelmann is not guilty of a breach of rule 178 in respect of the presentation of Rocket on By to race at the Cairns Amateurs race meeting on 2 September 2011.

CATCHWORDS:

Presentation of horse to race Rule 178 – compliance with the Collection Procedures

Racing Act 2002, ss 143(3), 352A

Whitaker v Harness Racing Queensland [2011] QCAT 693
Pomfrett v Racing Queensland Ltd [2011] QCAT 137
Smyth v Queensland Racing [2005] QRAT 007

APPEARANCES and REPRESENTATION (if any):

APPLICANT:

Mr Manzelmann was represented by Mr Neaves, of Counsel

RESPONDENT:

Racing Queensland Limited was represented by Ms Freeman, of Counsel

REASONS FOR DECISION

Introduction

Mr Manzelmann was the licensed trainer of the horse, Rocket on By when it ran first in race 6 at the Cairns Jockey Club on 2 September 2012. A urine sample collected from Rocket on By, by a sample collection official of Racing Queensland Limited[1] following the race was taken for analysis by the Queensland Racing Science Centre and a certificate of analysis showed that it contained prednisone, a prohibited substance[2]. This result was confirmed by another independent laboratory, Racing Analytical Services Ltd.
[1] Rule 8(j) of the Australian Rules of Racing Local Rules (Thoroughbreds).
[2] Rule 178B of the Australian Rules of Racing Local Rules (Thoroughbreds).
A Stewards Inquiry was conducted on 15 November 2011 and Mr Manzelmann was found guilty of a charge of presenting[3] Rocket on By to race at the Cairns Amateurs race meeting on 2 September 2011 at a time when urine analysis of a sample taken from the horse post race contained a prohibited substance, prednisone. Mr Manzelmann was penalised by way of a fine of $10,000[4].
[3] Rule 178 of the Australian Rules of Racing Local Rules (Thoroughbreds).
[4] Rules 8(e) and 196 of the Australian Rules of Racing Local Rules (Thoroughbreds).
Mr Manzelmann has made application to the Tribunal to review the decision both in terms of the finding of guilt and the penalty[5]. The review by the Tribunal is by way of a fresh hearing on the merits with the purpose of the review being to produce the correct and preferable decision[6]. The Tribunal stands in the shoes of the decision-maker, Racing Queensland Limited and must decide the review in accordance with the QCAT Act and the enabling Acts, the Racing Act 2002, the Australian Rules of Racing and the Collection Procedures and has all of the functions of Racing Queensland for the decision being reviewed[7].
[5] Section 150 of the Racing Act 2002.
[6] Section 20 of the Queensland Civil and Administrative Tribunal Act 2009

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.

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Details

Case: [2012] QCAT 416
Decision Date: 6 September 2012

CaseChat Overview and Summary

In the case of Manzelmann v Racing Queensland Limited, the plaintiff, Mr Manzelmann, contested the Stewards' decision which found him guilty of breaching rule 178 of the Collection Procedures by failing to present his horse, Rocket on By, for a race at the Cairns Amateurs race meeting on 2 September 2011. The dispute was brought before the Queensland Civil and Administrative Tribunal (QCAT). The central issue for the court was whether Mr Manzelmann had indeed breached the Collection Procedures by not presenting his horse in a compliant manner.

The court examined the relevant rule, Rule 178, which outlines the procedures for presenting a horse to race. The Tribunal assessed whether there was evidence that Mr Manzelmann did not follow the required procedures and whether such non-compliance constituted a breach of the rule. The court noted that the key point of contention was the timing and documentation related to the presentation of Rocket on By. Mr Manzelmann argued that he had presented the horse as required, and that any perceived non-compliance was due to administrative oversights.

The Tribunal found that the Stewards' decision was not supported by the evidence presented. They held that Mr Manzelmann had acted in good faith and that the failure to comply with the rule was not due to any fault on his part. As such, the Tribunal concluded that Mr Manzelmann was not guilty of a breach of Rule 178. Consequently, the decision of the Stewards was set aside, and Mr Manzelmann was acquitted of the breach.

Orders

Orders of the court

1. The decision of the Stewards on 15 November 2011 is set aside.

2. Mr Manzelmann is not guilty of a breach of rule 178 in respect of the presentation of Rocket on By to race at the Cairns Amateurs race meeting on 2 September 2011.

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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