Queensland Racing Integrity Commission v Currie (No 2)

[2022] QCATA 115

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Queensland Racing Integrity Commission v Currie (No 2) [2022] QCATA 115

PARTIES:

QUEENSLAND RACING INTEGRITY COMMISSION

(applicant/appellant)

v

BENJAMIN MARK CURRIE

(respondent)

APPLICATION NO/S:

APL281-20

ORIGINATING APPLICATION NO/S:

OCR190-19

MATTER TYPE:

Appeals

DELIVERED ON:

16 August 2022

HEARING DATE:

24 January 2022

HEARD AT:

Brisbane

DECISION OF:

Judicial Member D J McGill SC

ORDERS:

1.       Further to the decision of the Appeal Tribunal of 24 January 2022, the appeal from the decision of the Tribunal of 19 August 2020 is otherwise dismissed.

2.       There be no order as to costs.   

CATCHWORDS:

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – procedure – appeal to appeal tribunal substantially dealt with – parties directed to advise concerning the balance of the appeal – parties not complying with direction, or otherwise seeking to finalise the appeal – appeal otherwise dismissed   

Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 48

APPEARANCES & REPRESENTATION:

Applicant:

S A McLeod QC instructed by the internal solicitor of the appellant

Respondent:

J Murdoch QC and S Favell instructed by O’Connor Ruddy & Garrett Solicitors

REASONS FOR DECISION

1. The bulk of this appeal and application for leave to appeal from the decision of a Member of the Tribunal was dealt with on 24 January 2022.  The appellant was given leave to appeal, the appeal was allowed in part, the decision of the Tribunal of 19 August 2020 was set aside in part, and the finding of guilt against the respondent, in respect of one of the charges against him, was reinstated. 

2. The respondent had sought a review by the Tribunal of the decision of the appellant in relation to that charge, including as to the penalty imposed.  In view of the decision of the Tribunal that the charge was not made out, and did not disclose an offence under the Rules of Racing, it was unnecessary for the Tribunal to consider the review of the penalty imposed.  As part of my decision therefore I directed that the parties advise the associate of the Deputy President of the Tribunal by email within fourteen days whether they required an oral hearing of the respondent’s review of the sanction imposed on Internal Review, or whether that review can be determined on the papers, and whether there are any applications for costs. 

3. No such advice has been received by the associate, and emails by the registry to the parties have not produced any further submissions, or indeed any indication that the parties have any interest in the balance of the appeal, or in any question of costs.  It may be that this proceeding has been overtaken by other events. 

4. In any case, there is no point in leaving this proceeding pending in the Appeal Tribunal.  I consider that a situation has arisen which comes within the Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 48, on the basis that there has been a failure to comply with the direction given on 24 January 2022. As to the matters in s 48(3), the parties were legally represented in the appeal. The balance of the Appeal is therefore dismissed. As well, in the absence of any application for costs, there will be no order as to costs relating to the appeal. That concludes the proceeding.