Morris v Racing Queensland Ltd - [2014] QCAT 76

CITATION:

Morris v Racing Queensland Ltd [2014] QCAT 76

PARTIES:	Jackson Peter Morris (Applicant)
v
Racing Queensland Limited (Respondent)

APPLICATION NUMBER:

OCR007-14

MATTER TYPE:

Occupational regulation matters

HEARING DATE:

20 February 2014

HEARD AT:

Brisbane

DECISION OF:

Senior Member Oliver
Member Allen

DELIVERED ON:

13 March 2014

DELIVERED AT:

Brisbane

ORDERS MADE:

1. The decision of the respondent dated 16 January 2014 is set aside.

CATCHWORDS:

Racing – where applicant jockey failed to weight in within the tolerance under rule 143 of the Australian Rules of Racing – whether the scales used for the weighing sufficiently accurate within tolerances – where experts differed on accuracy of scales – where scales not accurate within tolerances – whether applicant blameworthy for weight differential – where loss of weight through dehydration – where extreme weather conditions.

Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 20
Australian Rules of Racing r 143

Kehl v Board of Professional Engineers of Qld

[2010] QCATA 58

Wallace v Racing Queensland [2007] QDC 168
Briginshaw v Briginshaw (1938) 60 CLR 336

APPEARANCES and REPRESENTATION (if any):

APPLICANT:

Represented by Mr O’Sullivan of O’Sullivan Saddington Lawyers

RESPONDENT:

Mr Brown, Steward of Racing Queensland Ltd.

REASONS FOR DECISION

Mr Morris was the jockey on Mishani Gladiator in race 4 at the Beaudesert Race meeting held on 28 December 2013. Mr Morris was required to carry 60 kilos in the race. When he weighed out for the race his weight was recorded at 60kgs. After the race, he weighted in at 59.38kgs.
The Australian Rules of Racing allows for a 500 gram weight differential. Mr Morris exceeded this allowance by 120 grams. As a result the horse was disqualified and Mr Morris was disciplined under Rule 143 of the Australian Rules of Racing and suspended for one month. The Rule provides:-
“If a horse carries less weight than the weight it should carry:-
(a) it shall be disqualified from the race, provided that a rider shall be allowed by the Clerk of the Scales a half kilogram for the weight of his bridle; and
(b) Not withstanding (a), the rider and/or any person at fault may be penalised.
Having been penalised Mr Morris appealed to the Racing Disciplinary Board. The appeal was dismissed.
Mr Morris then applied to the Tribunal to review the decision of the Stewards by an application filed on 17 January 2014. Pending the determination of the review application the Stewards decision was stayed.
The Tribunal’s function on a review application is to produce the correct and preferable decision by way of a fresh hearing on the merits.[1] Because this is an administrative review proceeding, the Tribunal’s function is to review the decision, not the process by which it was arrived at nor the reasons given for making it. Accordingly, the Tribunal is not required to identify an error in either the process or the reasoning that led to the decision being made. There is no presumption the original decision is correct.[2]
[1]Queensland Civil and Administrative…

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.

Continue reading Morris v Racing Queensland Ltd

Details

AGLC: Morris v Racing Queensland Ltd [2014] QCAT 76
Case: [2014] QCAT 76
Decision Date

CaseChat Overview and Summary

Jackson Peter Morris, the applicant, appealed to the Queensland Civil and Administrative Tribunal (QCAT) against a disciplinary decision made by Racing Queensland Limited, the respondent. The respondent disqualified Morris from a race and suspended him for one month after he failed to weigh in within the permissible 500 gram tolerance under Rule 143 of the Australian Rules of Racing. Morris argued that the scales used to weigh him were not accurate and that he could not be held blameworthy for the weight discrepancy due to extreme weather conditions and loss of weight through dehydration. The Tribunal was tasked with determining whether the scales were accurate and whether Morris was blameworthy for the weight discrepancy.

The Tribunal concluded that the scales were not accurate, as evidenced by differing test results from two different testing companies. The Tribunal also determined that Morris was not blameworthy for the weight discrepancy, as the extreme weather conditions and loss of weight through dehydration were outside of his control. The Tribunal noted that jockeys are adept at gaining and losing weight as needed for races, and that there was no evidence suggesting that Morris was at fault for the extent of the weight loss. The Tribunal held that even if the scales were accurate, Morris's conduct could not be considered blameworthy in the circumstances.

The Tribunal set aside the respondent's decision, finding that the correct and preferable decision was to not impose a penalty on Morris. The Tribunal emphasised the importance of accurate scales and proper maintenance of equipment in the racing industry to ensure fair and reliable outcomes.

In conclusion, the Tribunal found in favour of Morris and set aside the decision of Racing Queensland dated 16 January 2014. The Tribunal determined that the scales used to weigh Morris were not accurate and that Morris was not blameworthy for the weight discrepancy due to the extreme weather conditions and loss of weight through dehydration. The Tribunal's decision ensures that Morris is not penalised for circumstances beyond his control and highlights the importance of accurate scales and proper equipment maintenance in the racing industry.

Orders