Queensland Racing Integrity Commission v Scott

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Queensland Racing Integrity Commission v Scott [2018] QCATA 195

PARTIES:

QUEENSLAND RACING INTEGRITY COMMISSION
 (applicant/appellant)

v

RACHEL LEIGH SCOTT

(respondent)

APPLICATION NO/S:

APL260-18

ORIGINATING APPLICATION:

OCR252-16

MATTER TYPE:

Appeals

DELIVERED ON:

19 November 2018

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Senior Member Aughterson

Member Kanowski

ORDERS:

1.   The application for a stay is refused.

CATCHWORDS:

APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – STAY OF PROCEEDINGS – GENERAL PRINCIPLES AS TO GRANT OR REFUSAL – where decision of Tribunal setting aside disqualification of trainer and substituting suspension – where stay sought of substituted decision – where alleged prejudice of reconciling suspension with disqualification if appeal successful

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 122(2), s 142, s 145

Cooks Construction Pty Ltd v Stork Food Systems Aust Pty Ltd [2008] 2 Qd R 453
Day v Humphrey [2017] QCA 104.
Hessey-Tenny v Jones [2018] QCATA 131
Queensland Racing Integrity Commission v Vale [2017] QCATA 46

REPRESENTATION:

Applicant:

RJ Anderson QC

Respondent:

O’Connor Ruddy & Garrett, Solicitors

APPEARANCES:

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).

REASONS FOR DECISION

1. On 2 October 2018 the applicant filed an application for leave to appeal or appeal a decision of the Tribunal made on 3 September 2018 setting aside the decision of the Stewards, disqualifying the respondent, a harness racing trainer, for 15 months and imposing instead a conditioned suspension of the applicant’s licence for a period of 3 months and a fine of $6,000. The period of suspension commenced on 18 September 2018. Though not clearly articulated, the grounds of appeal allege error of law on the part of the Tribunal.[1] On that basis, leave to appeal is not required.[2]

   [1]See s 142 Queensland Civil and Administrative Tribunal Act 2009.

   [2]As to the grant of a stay where leave to appeal is required, see Hessey-Tenny v Jones [2018] QCATA 131 at [18]-[24].

2. The present application, seeking an order to stay the decision of the Tribunal until the final determination of the appeal, was also filed on 2 October 2018.

3. In accordance with directions made on 11 October 2018, the stay application was determined on the papers and on 19 November 2018 the application was refused. Pursuant to s 122(2) of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act), the Applicant subsequently requested written reasons for that decision.

4. Section 145 of the QCAT Act provides, in part:

   (1)The start of an appeal under this division against a decision does not affect the operation of the operation of the decision or prevent the taking of action to implement the decision.

   (2)However, the tribunal may make an order staying the operation of the decision being appealed against until the appeal is finally decided.

   (3)The tribunal may act under subsection (2) on the application of the appellant or on its own initiative.

1. In Cooks  Construction…