McHarg v Racing Queensland Ltd

McHarg sought judicial review of decisions made by Racing Queensland Ltd, the control body for the thoroughbred racing industry in Queensland. The applicant, who holds a race information authority for the conduct of harness racing in Queensland, contested Racing Queensland's request for information regarding the applicant's financial standing and character. Additionally, McHarg challenged the imposition of a fee calculated by reference to a formula. The applicant argued that the Racing Act 2002 precluded Racing Queensland from taking into account matters relating to financial standing and character for Australian and New Zealand applicants and that the fee was unreasonable. The court was required to determine whether Racing Queensland was empowered to request information about financial standing and character and whether the fee imposed was lawful.

The court found that the Racing Act 2002 did not preclude Racing Queensland from considering financial standing and character for applicants. The court also concluded that the fee imposed was lawful and reasonable. The court held that the statutory formula used to calculate the fee was not irrational, and it did not prevent the fee from being calculated with certainty. The court found that Racing Queensland did not exceed its powers in requesting the information and imposing the fee.

The court dismissed the proceeding, finding that Racing Queensland was entitled to request information about the applicant's financial standing and character and that the fee imposed was reasonable. The court found that the statutory formula used to calculate the fee was not irrational, and it did not prevent the fee from being calculated with certainty. The applicant's challenge to the decisions made by Racing Queensland was unsuccessful.