Racing (Tasracing Pty Ltd) (Transitional and Consequential Provisions) Act 2009 (TAS)

The Tasmanian Racing Board (TRB) brought proceedings against Tasracing Pty Ltd in the Supreme Court of Tasmania. The TRB sought declarations and injunctive relief to restrain Tasracing from engaging in activities that TRB claimed were reserved for itself. The primary issue before the Court was whether Tasracing was entitled to engage in certain activities previously reserved for the TRB under the Racing Regulation Act 2004 (Tas) and the Racing (Tasracing Pty Ltd) Act 2009 (Tas). This included determining whether Tasracing was a body corporate and the TRB was dissolved, and if so, whether Tasracing was the universal successor to the TRB. The Court held that Tasracing was a body corporate and the TRB was dissolved upon incorporation of Tasracing. Consequently, Tasracing was the universal successor to the TRB, entitled to exercise all its rights, powers, and privileges, and subject to all its obligations and liabilities. The Court found that Tasracing was entitled to engage in activities previously reserved for the TRB, including issuing certificates of registration, conducting racing events, and collecting levies. The Court dismissed the TRB's claims with costs.