Perrett v Queensland Racing Integrity Commission

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Perrett v Queensland Racing Integrity Commission [2025] QCATA 51

PARTIES:

JULIUS CECIL PERRETT

(applicant/appellant)

v

QUEENSLAND RACING INTEGRITY COMMISSION

(respondent)

APPLICATION NO/S:

APL272-24

ORIGINATING APPLICATION NO/S:

RAP-100

MATTER TYPE:

Appeals

DELIVERED ON:

19 May 2025

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Senior Member Fitzpatrick

ORDERS:

1.     The application for miscellaneous matters (directions/production of documents) is dismissed.

2.     The application for miscellaneous matters (dismiss/strike out) is dismissed.

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – ERROR OF LAW – where application to strike out proceeding – where the applicant has served his period of suspension – whether there is utility in the appeal – whether appeal proceeding is limited to only a question of law

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 20, s 47

Racing Act 2002 (Qld), s 147

Racing Integrity Act 2016 (Qld), s 252AU

Dey v Victorian Railways Commissioners (1949) 78 CLR 62

General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125
Haritos v Commissioner of Taxation [2015] FCAFC 92
Kavanagh v Racing Victoria Limited (No.2) (Review and Regulation) [2018] VCAT 291
McDonough v Harness Racing Victoria [2008] VRAT 6

Pivovarova v Michelsen [2019] QCA 256

APPEARANCES & REPRESENTATION: This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act2009 (Qld)

REASONS FOR DECISION

1. On 15 August 2024 the applicant Julius Perrett filed an application for leave to appeal or appeal a decision of the Queensland Racing Appeals Panel that confirmed a decision of the Queensland Racing Integrity Commission Stewards which found him guilty of two presentation offences under the Greyhound Australasia Rules. In relation to the first offence Mr Perrett’s licence was suspended for four months. In relation to the second offence he was fined $2,000.00.

2. The parties have each filed their appeal books and submissions, so that the matter could be placed on the await hearing list. Two interlocutory applications are to be determined. First, an application filed 8 November 2024 to dismiss the appeal proceeding under s 47 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (‘QCAT Act’) as misconceived. Second, an application filed by Mr Perrett on 25 November 2024 requiring production of a photograph of the batch number of a bag of Royal Canin dog food and seeking certain directions in the matter. The latter application appears to be responsive to the strike out application.

Application for disclosure

1. Queensland Racing Integrity Commission (‘QRIC’) has filed submissions stating that the photograph in question does not exist.

2. I accept that statement. The application is dismissed.

Application to dismiss or strike out the proceeding

Limits on the Appeal Tribunal’s jurisdiction

1. QRIC submits that under s 252AU of the Racing Integrity Act2016 (Qld) (‘RI Act’) Mr Perrett is limited to a right of appeal with respect to the period of disqualification and not in relation…