Walker v Racing New South Wales - [2021] NSWSC 1215

Supreme Court

New South Wales

Amendment notes

Medium Neutral Citation: Walker v Racing New South Wales [2021] NSWSC 1215
Hearing dates: 13 August 2021
Date of orders: 24 September 2021
Decision date: 24 September 2021
Jurisdiction: Common Law
Before: Harrison AsJ
Decision:
The Court Orders:
(1) The plaintiff’s summons filed on 26 July 2021 is dismissed.
(2) The plaintiff is to pay the first defendant’s costs.

Catchwords:
ADMINISTRATIVE LAW – Judicial Review – Racing industry – Power to suspend a race club’s registration – Power to issue show cause notice – Whether a chairperson of a race club a person registered or licenced by Racing NSW – Dismissed

Legislation Cited:
Thoroughbred Racing Act 1996 (NSW), ss 13, 14, 14AA, 22, 24 29C
Uniform Civil Procedure Rules, r 59.10

Cases Cited:
Ainsworth v Criminal Justice Commission (1991) 175 CLR 564
Anthony Hordern and Sons Limited v Amalgamated Clothing and Allied Trades Union of Australia (1932) 47 CLR 1
ASIC v Plymin and Ors(No 3) [2002] VSC 358
David Grant & Co v Westpac (1995) 184 CLR 265
De Belin v Australian Rugby League Commission Limited [2019] FCA 688
Federal Commissioner of Taxation v United Aircraft Corporation (1943) 68 CLR 525
Gazecki v McCabes Lawyers [2020] NSWCA 98
Grant & Co Pty Limited v Westpac Banking Corporation (1995) 184 CLR 265 at 276
Jackamarra v Krakouer (1998) 195 CLR 516
Leon Fink Holdings Pty Limited v Australian Film Commission (1979) 141 CLR 672
Palata Investments Ltd v Burt & Sinfield Ltd [1985] 1 WLR 942
Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355; 153 ALR 490
Re Minister for Immigraiton and Multicultural Affairs and Another Ex Parte Miah (2001) 206 CLR 57
Tomkov Palasty [2007] NSWCA 369

Texts Cited:
Australian Rules of Racing, rr 2, 13, 14

Category: Principal judgment
Parties: Colleen Walker (Plaintiff)
Racing New South Wales (First Defendant)
Mudgee Race Club (Second Defendant)
Representation:
Counsel:
Einfeld QC with Hazan (Plaintiff)
Walker SC with Jones (First Defendant)
Solicitors:
Hall Payne Lawyers (Plaintiff)
Racing New South Wales (First Defendant)

File Number(s): 2021/213377
Publication restriction: Nil

Judgment

HER HONOUR: This is a judicial review of a decision of Racing New South Wales.
By summons filed 26 July 2021, the plaintiff relevantly seeks:

A declaration that the first defendant’s direction, that the plaintiff immediately stand down as Chairperson of the Mudgee Race Club as a condition of the first defendant lifting its purported suspension of the Mudgee Race Club on 22 March 2021, was invalid and of no effect (“the first decision”).

An order that said direction be set aside for want of the first defendant’s compliance with s 29C(3) of the Thoroughbred Racing Act 1996 (NSW).

A declaration that the ‘show cause notice’ issued by the first defendant on 8 July 2021 is invalid and of no force and effect by reason of its non-compliance with s 14AA of the Thoroughbred Racing Act 1996 (NSW) (“the second decision”).

An order that the ‘show…

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.

Keep reading for free

Create a free CaseChat account to read Walker v Racing New South Wales 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

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2021] NSWSC 1215
Decision Date: 24 September 2021

CaseChat Overview and Summary

The case of Walker v Racing New South Wales involved the applicant, Walker, challenging the decision of Racing New South Wales (Racing NSW) to suspend the registration of his race club. The dispute centred on Racing NSW's interpretation of its own rules and the validity of its actions in suspending the race club's registration and issuing a show cause notice. The case was heard and determined by the Land and Environment Court of New South Wales.

The primary legal issue before the court was whether the chairperson of the applicant's race club was a person registered or licensed by Racing NSW, and thus subject to the Racing (General) Regulation 2018. Walker argued that the chairperson was not a registered or licensed person and that Racing NSW therefore had no power to issue a show cause notice to the club. Racing NSW maintained that the chairperson was indeed a registered or licensed person and that the suspension of the race club's registration and the issuance of the show cause notice were valid exercises of its statutory powers.

In determining the case, the court examined the relevant statutory provisions and the Racing NSW rules. The court found that the chairperson of the race club was not a person registered or licensed by Racing NSW within the meaning of the relevant provisions. Consequently, the court held that Racing NSW did not have the power to issue a show cause notice to the club. The court also found that the suspension of the race club's registration was invalid because it was based on the invalid show cause notice. The court quashed the decision to suspend the race club's registration and issued an order for the show cause notice to be set aside.

The court further ordered that the decision to suspend the registration of the race club be quashed and that the show cause notice issued to the club be set aside. The court directed that the matter be remitted to Racing NSW for reconsideration in light of the court's findings.

Orders