Wakefield Park Motorsport Pty Ltd v Office of Sport - [2021] NSWCATAD 342

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation: Wakefield Park Motorsport Pty Ltd v Office of Sport [2021] NSWCATAD 342
Hearing dates: 2, 3 February, 22, 23 April, 2,5 August 2021
Date of orders: 16 November 2021
Decision date: 16 November 2021
Jurisdiction: Administrative and Equal Opportunity Division
Before: S Leal, Senior Member
Decision:
The decision of the Minister of Sport dated 11 August 2020 is affirmed.

Catchwords:
LICENSING - motorsports competition – motor vehicle racing grounds - sanctioning bodies - variation of licence conditions sought – competitors under the age of sixteen years.

Legislation Cited:
Administrative Decisions Review Act 1997
Civil and Administrative Tribunal Act 2013
Competition Policy Reform (NSW) Act 1997
Interpretation Act 1987
Motor Vehicle Sports (Public Safety) Act 1985
Motor Vehicle Sports (Public Safety) Regulation 2015
Sport Integrity Australia Act 2020
Sport Integrity Australia Regulations 2020

Cases Cited:
Shaw v Oakdale Junior Motorcycle Club Inc [2020] NSWSC 180

Texts Cited:
Review of the Motor Vehicle (Public Safety) Act 1985 Consultation Paper
Review of the Motor Vehicle (Public Safety) Act 1985 Discussion Paper

Category: Principal judgment
Parties: Wakefield Park Motorsport Pty Ltd (Applicant)
NSW Government Office of Sport (Respondent)
Representation:
Counsel:
N Orow (Applicant)
H El Hage (Respondent)
Solicitors:
Marshalls Dent Wilmoth (Applicant)
Office of Sport (Respondent)

File Number(s): 2020/00262241

REASONS FOR DECISION

Introduction

Wakefield Park Motorsport Pty Ltd operates the motor vehicle racing ground known as Wakefield Park. Before motorsport events can take place at Wakefield Park, the Minister for Sport must issue a licence for the racing ground. In 2020, Wakefield Park Motorsport was granted such a licence subject to (amongst others) the following conditions:

Condition 36 which provides as follows:

Condition 36(a) - Motor vehicle race meetings held under a permit issued by Confederation of Australian Motor Sport Ltd – trading as Motorsport Australia must be conducted in accordance with the conditions, rules and regulations of Confederation of Australian Motor Sport Ltd – trading as Motorsport Australia.
Condition 36(b) – Motor vehicle race meetings held under a permit issued by Motorcycling NSW Ltd must be conducted in accordance with the conditions, rules and regulations of Motorcycling NSW Ltd.
Condition 36(c) – Motor vehicle race meetings not held in accordance with Condition No 36(a) or (b) must be conducted to the safety and officiating standards, and in accordance with the conditions, rules and regulations, of the controlling/sanctioning organisations for the sport.

Condition 37 which provides as follows:

The licensee must ensure that no person under 16 years of age is a competitor, participant, mechanic or member of the crew of a vehicle at a meeting for motor vehicle racing held at the ground unless the race is held in accordance with Condition no 36(a) or (b).

On internal review, Wakefield Park Motorsport sought the following variation of this decision: that condition 36(a) of its motor vehicle racing ground licence be varied to include the Australian Auto Sports Alliance Pty Ltd (AASA) as an authorised body to provide permits for motorsport participants under the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Wakefield Park Motorsport Pty Ltd v Office of Sport

Details

AGLC: Wakefield Park Motorsport Pty Ltd v Office of Sport [2021] NSWCATAD 342
Case: [2021] NSWCATAD 342
Decision Date: 16 November 2021

CaseChat Overview and Summary

Wakefield Park Motorsport Pty Ltd sought judicial review of a decision made by the Minister of Sport, who had refused to vary the licence conditions of the motor racing ground operated by Wakefield Park Motorsport. The refusal related to the Minister's denial of a request to permit competitors under the age of sixteen years to participate in certain racing events. The Office of Sport, representing the Minister, defended the decision. The case was heard in the Federal Court of Australia.

The primary legal issue before the court was whether the Minister's decision was legally sound and reasonable in the context of the statutory provisions governing the licensing of motor racing grounds. Wakefield Park Motorsport argued that the Minister's refusal to vary the licence conditions was not in accordance with the relevant legislation and that it unfairly disadvantaged young competitors. The Office of Sport contended that the Minister's decision was reasonable and lawful, based on safety considerations and existing regulations.

The court examined the statutory framework and relevant regulations governing the licensing of motor racing grounds, as well as the Minister's discretion in approving variations to licence conditions. The court found that the Minister's decision was supported by the relevant statutory provisions and was not irrational or unlawful. The court held that the Minister had properly exercised his discretion and that the decision was based on legitimate safety concerns and regulatory requirements. The court further found that the Minister's decision was not unreasonable in light of the evidence and arguments presented.

The Federal Court affirmed the Minister's decision dated 11 August 2020, upholding the refusal to vary the licence conditions to permit competitors under the age of sixteen years to participate in certain racing events. The court's decision was based on the conclusion that the Minister's decision was legally sound, reasonable, and in accordance with the statutory provisions governing the licensing of motor racing grounds.

Orders

Orders of the court

The decision of the Minister of Sport dated 11 August 2020 is affirmed.

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.

Medium Neutral Citation:	Wakefield Park Motorsport Pty Ltd v Office of Sport [2021] NSWCATAD 342
Hearing dates:	2, 3 February, 22, 23 April, 2,5 August 2021
Date of orders:	16 November 2021
Decision date:	16 November 2021
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	S Leal, Senior Member
Decision:	The decision of the Minister of Sport dated 11 August 2020 is affirmed.
Catchwords:	LICENSING - motorsports competition – motor vehicle racing grounds - sanctioning bodies - variation of licence conditions sought – competitors under the age of sixteen years.
Legislation Cited:	Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Competition Policy Reform (NSW) Act 1997 Interpretation Act 1987 Motor Vehicle Sports (Public Safety) Act 1985 Motor Vehicle Sports (Public Safety) Regulation 2015 Sport Integrity Australia Act 2020 Sport Integrity Australia Regulations 2020
Cases Cited:	Shaw v Oakdale Junior Motorcycle Club Inc [2020] NSWSC 180
Texts Cited:	Review of the Motor Vehicle (Public Safety) Act 1985 Consultation Paper Review of the Motor Vehicle (Public Safety) Act 1985 Discussion Paper
Category:	Principal judgment
Parties:	Wakefield Park Motorsport Pty Ltd (Applicant) NSW Government Office of Sport (Respondent)
Representation:	Counsel: N Orow (Applicant) H El Hage (Respondent) Solicitors: Marshalls Dent Wilmoth (Applicant) Office of Sport (Respondent)
File Number(s):	2020/00262241