| CITATION: | Racing Queensland Limited v Dixon [2013] QCATA 172 |
| PARTIES: | Racing Queensland Limited (Appellant) |
| v | |
| Grant Dixon (Respondent) |
| APPLICATION NUMBER: | APL278-12 |
| MATTER TYPE: | Appeals |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Judge Alexander Horneman-Wren SC, Deputy President Peta Stilgoe OAM, Senior Member |
| DELIVERED ON: | 19 June 2013 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: |
|
| CATCHWORDS: | APPEAL – LEAVE TO APPEAL – where the respondent presented a horse with an elevated total carbon dioxide level above the prescribed limit – where appellant appealed on a question of law and questions of mixed law and fact – whether leave to appeal should be granted APPEAL – where the respondent presented a horse with an elevated total carbon dioxide level above the prescribed limit – where appellant appealed on the ground the sanction was manifestly inadequate – whether the ground was a question of law – whether leave to appeal was required – whether the appellant demonstrated an appealable error APPEAL – where the respondent presented a horse with an elevated total carbon dioxide level above the prescribed limit – where charged with a breach of Australian Harness Racing Rules 190 – where respondent admitted to administering a supplement to the horse prior to a race – where Tribunal relied on a report by an independent expert – where appellant sought to adduce a further report on appeal – whether the new evidence should be considered on appeal – whether Tribunal erred in relying on report – whether Tribunal erred in finding that trainer was not blameworthy Queensland Civil and Administrative Tribunal Act 2009, s 137, s 138, s 142(2)(B) Cachia v Grech [2009] NSWCA 232, cited Carroll v R (2009) 254 ALR 379, cited Chambers v Jobling (1986) 7 NSWLR, cited 1 Clarke v Japan Machines (Australia) Pty Ltd [1984] 1 Qd R 404, cited Dearman v Dearman (1908) 7 CLR 549, cited Dinsdale v R (2000) 202 CLR 321, cited Dixon v Racing Queensland Limited [2012] QCAT 331, cited Fox v Percy (2003) 214 CLR 118, cited Glenwood Properties Pty Ltd v Delmoss Pty Ltd [1986] 2 Qd R 388, cited House v The King (1936) 55 CLR 499, cited McIver Bulk Liquid Haulage Pty Ltd v Fruehauf Australia Pty Ltd [1989] 2 Qd R 577, cited |
APPEARANCES and REPRESENTATION (if any):
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).
REASONS FOR DECISION
Judge Alexander Horneman-Wren SC, Deputy President
In this matter the Appeal Tribunal consisted of Ms Stilgoe OAM, QCAT Senior Member, and me. I have had the benefit of reading Senior Member Stilgoe’s reasons in draft. I agree with her conclusion, for the reasons given, that leave to appeal…
Keep reading for free
Create a free CaseChat account to read Racing Queensland Limited v Dixon and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2013] QCATA 172
- Decision Date
CaseChat Overview and Summary
The court was required to decide whether leave to appeal was necessary on certain grounds, and whether the new evidence should be considered on appeal. The court also needed to determine whether the Tribunal erred in relying on the report and in finding that Dixon was not blameworthy. Specifically, the court considered whether the Tribunal had erred in its assessment of the evidence and in its exercise of discretion in imposing the penalty.
The court held that leave to appeal was not required for all grounds, but was necessary for certain grounds. It found that the ground alleging manifest inadequacy of the penalty raised a question of law, as it concerned the imposition of a sentence that was manifestly inadequate. The court also held that the application to adduce further evidence should be refused, as it would not have a significant impact on the outcome of the appeal. The court found no error in the Tribunal's reliance on the report or in its finding that Dixon was not blameworthy.
The court made three orders. First, it refused the application to adduce further evidence. Second, it refused leave to appeal on grounds one to eight. Third, it refused the appeal on ground nine.
Orders
Orders of the court
1. Application to adduce further evidence is refused.
2. Leave to appeal on grounds one to eight is refused.
3. Appeal on ground nine is refused.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.