Queensland Harness Racing Limited v Racing Queensland Limited

In the matter of Queensland Harness Racing Limited and another v Racing Queensland Limited and another, the plaintiffs, who were entities involved in harness racing, sought relief in the Supreme Court of Queensland against the defendants, who were entities involved in the regulation of racing in Queensland. The plaintiffs alleged that the second defendant had made representations that were misleading or deceptive, and that these representations had caused them to suffer loss. The court was required to decide whether the plaintiffs' claims were justiciable under the Trade Practices Act 1974, and whether the Racing Act 2002 and its amendments limited the powers of the first defendant in relation to the Albion Park racecourse.

The court found that determining the motive of the Minister for introducing the Bill for the purpose of establishing causation under the Trade Practices Act would amount to questioning the preparation and presentation of a document to the Legislative Assembly, which is prohibited by the Parliament of Queensland Act 2001. Additionally, the court found that determining the motive of the Minister would also offend the constitutional principle that the courts will not examine the motives which inspire members of Parliament to enact laws. Therefore, the plaintiffs' claims under the Trade Practices Act were not justiciable. The court also found that the provisions of the Racing Act 2002 limited the power of the first defendant such that it would be beyond power for it to act in a way inconsistent with Albion Park being retained for the purpose of constructing a new grandstand, and for its use for harness racing until at least 30 June 2040.

The court struck out various parts of the plaintiffs' statement of claim, including allegations relating to the Integration Agreement and certain prayers for relief. The plaintiffs were granted leave to file a third further amended statement of claim, but were required to replead their case in relation to the Integration Agreement and plead a cause of action for relief under the Corporations Act. The hearing of certain questions was adjourned, and the plaintiffs were ordered to pay two thirds of the defendants' costs.

In summary, the court found that the plaintiffs' claims under the Trade Practices Act were not justiciable, and that the Racing Act 2002 limited the powers of the first defendant in relation to Albion Park. The court struck out various parts of the plaintiffs' statement of claim, and granted leave to the plaintiffs to file a third further amended statement of claim. The hearing of certain questions was adjourned, and the plaintiffs were ordered to pay two thirds of the defendants' costs.