SUPREME COURT OF VICTORIA
COURT OF APPEAL
S APCI 2015 0085
| RICKY MAUND | Applicant |
| V | |
| RACING VICTORIA LIMITED (ACN 096 917 930) | First Respondent |
| And | |
| THE VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL | Second Respondent |
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| JUDGES: | MAXWELL P, ASHLEY and KAYE JJA |
| WHERE HELD: | MELBOURNE |
| DATE OF HEARING: | 26 May 2016 |
| DATE OF JUDGMENT: | 8 June 2016 |
| MEDIUM NEUTRAL CITATION: | [2016] VSCA 132 |
| JUDGMENT APPEALED FROM: | Maund v Racing Victoria Limited (Review and Regulation) [2015] VCAT 1303 (Vice President Jenkins J) |
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ADMINISTRATIVE LAW – Disciplinary tribunal – Sporting code – Proceedings for breach of rules – Racing Appeals and Disciplinary Board – Applicant found guilty – Appeal to Victorian Civil and Administrative Tribunal – Appeal by way of re-hearing – Statements obtained by Racing Victoria from applicant’s employee – Whether admissible – Whether Tribunal bound to exclude – Employee not called but made available for cross-examination – Whether adverse inference from failure to call – Inferences – Circumstantial case – Alternative hypotheses – Whether open to Tribunal to find applicant responsible – Leave to appeal refused – Victorian Civil and Administrative Tribunal Act 1998 ss 97, 98; Racing Act 1958 ss 5F, 5G, Part III BA.
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| APPEARANCES: | Counsel | Solicitors |
| For the Applicant | Mr D P Sheales and Mr T Purdey | Melasecca Kelly & Zayler |
| For the Respondent | Dr C L Pannam QC and Mr J Hooper | Minter Ellison |
MAXWELL P
ASHLEY JA
KAYE JA:
The applicant is a licensed racehorse trainer under the Australian Rules of Racing (“the Rules”). On 20 July 2015 the Racing Appeals and Disciplinary Board (‘the Board’) found him guilty of two breaches of Rules prohibiting the administration of particular medication to a horse on a race day. The Board disqualified the applicant for a period of six months.
The applicant appealed that decision to the Victorian Civil and Administrative Tribunal (‘the Tribunal’). By a decision delivered on 21 August 2015, Judge Jenkins, a Vice President of the Tribunal, affirmed the findings of the Board. The applicant sought leave, pursuant to s 148 of the Victorian Civil and Administrative Tribunal Act 1998 (‘the Act’), to appeal from the decision of the Tribunal and the orders made by it.
At the conclusion of argument on the hearing of the leave application, we announced that leave to appeal would be refused and that the reasons for our decision would be published subsequently. These are those reasons.
The facts
On 18 April 2015, shortly before midday, two stewards from Racing Victoria Compliance Assurance Team, Mr Melville and Mr Scarlett, attended at the applicant’s stables in Cranbourne in order to carry out a stable inspection of the three horses that the applicant had entered to race at Caulfield Racecourse that afternoon, namely, ‘General Truce’, ‘Uncle Keithy’ and ‘Ultimate Doom’. Upon entering the stables, the stewards witnessed Luke Bryers, who was engaged on a casual basis by the applicant as a strapper and track rider, leaving the pen of another horse, ‘Kunzite’. That horse was not due to race on…
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- Case
- [2016] VSCA 132
- Decision Date
CaseChat Overview and Summary
The court examined the relevant statutes and the principles of administrative law that govern disciplinary tribunals in sporting codes. It was established that the Tribunal has the discretion to exclude evidence obtained in an unfair manner, but this does not necessarily mean that it is bound to do so. The court found that the Tribunal was not bound to exclude the statements in question, as the circumstances surrounding their procurement did not render them inadmissible. Furthermore, the court held that an adverse inference could not be drawn from the failure to call the employee, as they were made available for cross-examination, and the Tribunal was not obligated to call every available witness.
In conclusion, the court upheld the Tribunal's decision and dismissed the applicant's appeal. It found that the Tribunal's reasoning was sound, and the evidence was properly considered. The court held that it was open to the Tribunal to find the applicant responsible for the breach of rules, based on the circumstances and the evidence presented. The court further held that the Tribunal did not err in its consideration of alternative hypotheses or in drawing inferences from the available evidence. The applicant's appeal was dismissed, and no further orders were made.
Orders
Orders of the court
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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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