DISTRICT COURT OF QUEENSLAND
CITATION:
Queensland Racing v Abbott & Anor [2005] QDC 126
PARTIES:
QUEENSLAND RACING
Appellant
v
LAUREN MICHELLE ABBOTT
First Respondent
and
DAVID JOHN PETERSEN
Second Respondent
FILE NO/S:
BD3846 of 2004
DIVISION:
PROCEEDING:
Appeal
ORIGINATING COURT:
Racing Appeals Tribunal
DELIVERED ON:
26 May 2005
DELIVERED AT:
Brisbane
HEARING DATE:
15 March 2005
JUDGE:
McGill DCJ
ORDER:
Appeal allowed; decision of Tribunal of 30 September 2004 set aside; order in lieu that the appeal to the Tribunal be struck out. No order as to costs.
CATCHWORDS:
INFERIOR TRIBUNALS – Racing Appeals Tribunal – whether appeal to Tribunal within jurisdiction of Tribunal – whether appeal to District Court valid
Racing Act 2002 ss 167(1)(a); 193.
Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 – distinguished
Calvin v Carr [1980] AC 574 - applied
Collector of Customs v Brian Lawler Automotive Pty Ltd (1979) 24 ALR 307 – applied
Craig v South Australia (1995) 184 CLR 163 - applied
Khatry v Price [1999] FCA 1289 – cited
London and Clydeside Estates Ltd v Aberdeen District Council [1980] 1 WLR 182 – applied
Meyers v Casey (1913) 17 CLR 90 - applied
Minister for Immigration v Bhardwaj (2002) 209 CLR 597 – considered
Pezet v Pezet (1946) 47 SR(NSW) 45 - cited
R v Jones (Gwyn) [1969] 2 QB 33 - cited
Schokker v Commissioner of Taxation [1998] 222 FCA - distinguished
Trajkovski v Telstra Corporation (1998) 153 ALR 248 - cited
Vakauta v Kelly (1989) 167 CLR 568 – applied.COUNSEL:
D C Andrews SC for the appellant
P J Callaghan SC for the respondentsSOLICITORS:
Tress Cox Lawyers for the appellant
McDonald Leong Lawyers for the respondents.
The first respondent was an apprentice jockey under an indenture with the second respondent dated 11 December 2001. By clause 11.1 that indenture was to continue for a minimum of four years, but by clause 11.2 the term might be extended:
“(a) at the discretion of the Club for such further period as the Club considers is necessary to ensure that the apprentice has demonstrated competence in all learning outcomes as stipulated in the training program for apprentices to the satisfaction of the Club; or
(b) by agreement between the employer and the apprentice with the consent of the Club.”
“The Club” was defined in clause 1.1 as the Queensland Principal Club established by the Racing and Betting Act 1980. It was common ground on the appeal that the appellant is the same entity, with a new name.
Clause 11.1 referred to “a total period of apprenticeship, either with the employer or another qualified employer or employers, of a minimum of four years …” It was submitted by the appellant that that would cover time spent as an apprentice prior to the execution of this indenture, as well as time spent after the execution of it. This is of some relevance in the present case, since the first respondent had previously been indentured to other employers.
On 2 June 2004…
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- AGLC
- Queensland Racing v Abbott [2005] QDC 126
- Case
- [2005] QDC 126
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court had to address were whether the Tribunal had the jurisdiction to hear Mr. Abbott's appeal and, if the Tribunal's jurisdiction was found to be lacking, whether the subsequent appeal to the District Court was valid. The court was required to scrutinise the statutory provisions governing the Tribunal's jurisdiction and assess whether the Tribunal had acted beyond its powers when it entertained and decided on Mr. Abbott's appeal. Furthermore, the court had to consider whether the District Court could rectify any jurisdictional errors made by the Tribunal.
In reaching its decision, the court examined the statutory framework that established the Racing Appeals Tribunal and the scope of its jurisdiction. The court found that the Tribunal had indeed overstepped its jurisdictional boundaries by hearing the appeal. Given this finding, the court needed to determine the validity of the subsequent appeal to the District Court. The court concluded that the District Court was not empowered to rectify the Tribunal's jurisdictional error, leading to the determination that the appeal to the District Court was invalid. Consequently, the appeal to the Tribunal was struck out, and the decision of the Tribunal dated 30 September 2004 was set aside. The court did not make any order regarding costs.
Orders
Orders of the court
Appeal allowed; decision of Tribunal of 30 September 2004 set aside; order in lieu that the appeal to the Tribunal be struck out. No order as to costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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