| CITATION: | Seymour v Racing Queensland Ltd [2013] QCATA 179 |
| PARTIES: | Arthur Seymour (Appellant) |
| v | |
| Racing Queensland Limited (Respondent) |
| APPLICATION NUMBER: | APL229-12 |
| MATTER TYPE: | Appeals |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Judge Alexander Horneman-Wren SC, Deputy President |
| DELIVERED ON: | 19 June 2013 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. Leave to appeal is granted. 2. Appeal dismissed. |
| CATCHWORDS: | APPEAL – LEAVE TO APPEAL – where the trainer was found to be careless or negligent in not stitching bandages – where the Panel of Stewards suspended the trainer’s licence – where the Tribunal confirmed the decision of the Panel of Stewards – where the appellant’s grounds of appeal included questions of mixed law and fact and questions of law – where leave is required for questions of mixed law and fact – whether leave to appeal should be granted APPEAL – where the trainer was found to be careless or negligent in not stitching bandages – where the Panel of Stewards suspended the trainer’s licence – where the Tribunal confirmed the decision of the Panel of Stewards – where a ground of appeal was the Tribunal erred by misstating the test for rule 140A of the Australian Rules of Racing – whether the Tribunal applied the correct test Australian Rules of Racing r 140A, r 140B Broadbent v Medical Board of Australia [2010] QCA 352, 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
On 15 February 2012 a Panel of Stewards of Queensland Racing Limited found Mr Arthur Seymour, a licensed racehorse trainer, guilty of breaching AR 140A of the Australian Rules of Racing. After considering submissions on penalty made on Mr Seymour’s behalf, the Stewards suspended his trainer’s licence for a period of six months. The decision on penalty was notified to Mr Seymour by a letter from the Chairman of Stewards dated 10 April 2012.
Mr Seymour sought a review of the steward’s decision in the Queensland Civil and Administrative Tribunal. By decision dated 18 June 2012 the Tribunal confirmed the decision of Queensland Racing.[1]
[1]Seymour v Racing Queensland Limited [2012] QCAT 241; The decision and order of 18 June 2012 each refer to the decision of Queensland Racing made on 10 February 2012. This appears to be a typographical error. It should refer to the decision of 10 April 2012.
Mr Seymour had been charged with a…
Keep reading for free
Create a free CaseChat account to read Seymour v Racing Queensland Ltd 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 179
- Decision Date
CaseChat Overview and Summary
The court had to determine whether the Tribunal's decision was so palpably wrong as to justify the grant of leave to appeal. The court considered the grounds of appeal, which were primarily focused on whether the Tribunal erred in its interpretation and application of the test for rule 140A of the Australian Rules of Racing. The trainer argued that the Tribunal did not correctly apply the test and therefore its decision should be overturned. The court weighed the importance of ensuring the proper administration of racing rules against the need for finality in such matters.
The court concluded that while the grounds of appeal raised significant issues, the Tribunal's decision was not so palpably wrong as to warrant the grant of leave to appeal. The court found that the Tribunal had applied the correct test in accordance with the Australian Rules of Racing, and the trainer's arguments did not provide a compelling case for overturning the Tribunal's decision. Consequently, the court dismissed the appeal and denied leave to appeal, confirming the Tribunal's decision.
Orders
Orders of the court
1. Leave to appeal is granted.
2. Appeal dismissed.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.