Racing New South Wales v Racing Victoria Limited (No 2)

Racing New South Wales was granted leave to seek preliminary discovery from Racing Victoria Limited. The dispute involved the possibility that Racing Victoria Limited, among others, intended to reach an agreement or arrangement that would exclude Racing New South Wales from a national body responsible for regulating horse racing. The application for preliminary discovery was made in the Federal Court of Australia to determine if proceedings should be commenced, given the evidence suggesting such an agreement or arrangement.

The court was required to decide whether Racing New South Wales had made out a case sufficient to warrant the granting of preliminary discovery. This involved assessing whether there were facts that, if proven, could give rise to multiple causes of action, including potential breaches of competition law. The decision rested on whether the evidence presented was sufficient to justify the relief sought, and whether the potential harm to Racing New South Wales from being excluded from the national body was significant enough to warrant the granting of preliminary discovery.

The court found that the evidence provided by Racing New South Wales was sufficient to justify the granting of preliminary discovery. The facts, if proven, could indeed give rise to multiple causes of action, including breaches of competition law. The potential harm to Racing New South Wales from being excluded from the national body was considered significant, and therefore, the court granted the application for preliminary discovery. This allowed Racing New South Wales to obtain further information to assess its position and decide whether to commence proceedings against Racing Victoria Limited.