O'Duffy v Queensland Principal Club

[1996] QSC 108

IN THE SUPREME COURT

OF QUEENSLAND

Brisbane  No. 900 of 1995

[O'Duffy v. Queensland Principal Club]

BETWEEN:

JOHN FRANCIS O'DUFFY
  Applicant

AND:

QUEENSLAND PRINCIPAL CLUB
  Respondent

JUDGMENT  -  THOMAS J.

Delivered:3 July 1996

See APN 899 of 1995
IN THE SUPREME COURT

OF QUEENSLAND

Brisbane  No. 900 of 1995

[O'Duffy v. Queensland Principal Club]

BETWEEN:
  JOHN FRANCIS O'DUFFY
  Applicant
AND:

QUEENSLAND PRINCIPAL CLUB
  Respondent

JUDGMENT  -  THOMAS J.

Delivered 3 July 1996

This is an application for judicial review of a decision of the Queensland Principal Club dated 5 October 1995.  The present application is made on behalf of Tattersall's Racing Club which is an unincorporated association.  The applicant Mr O'Duffy was authorised by means of a representative order to make this application on behalf of himself and the members of the club.
           This matter was heard with two similar applications (McLean v. Queensland Principal Club APN 899 of 1995 and Gallagher v. Queensland Principal Club No. 901 of 1995).  The reasons published today in McLean v. Queensland Principal Club cover the issues raised in the present application.
           For those reasons the following order will be made:

1. that the said decision of 5 October 1995 be set aside;

1. that the respondent pay the applicant's costs of and incidental to the proceedings including reserved costs to be taxed; 

1. the attention of the taxing officer is directed to the fact that much of the affidavit material goes beyond the issues raised in the application for review.