Young v Racing NSW - [2021] NSWCA 241

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation: Young v Racing NSW [2021] NSWCA 241
Hearing dates: 30 September 2021
Date of orders: 7 October 2021
Decision date: 07 October 2021
Before: Macfarlan JA;
Meagher JA
Decision:
Summons seeking leave to appeal dismissed with costs.

Catchwords:
APPEALS – application for leave to appeal – proposed appeal has no prospect of success

Legislation Cited:
Disability Discrimination Act 1992 (Cth), Part 2, s 125
Uniform Civil Procedure Rules 2005 (NSW), rr 13.4, 14.28, 36.15

Cases Cited:
Clone Pty Ltd v Players Pty Ltd (In Liq) (2018) 264 CLR 165; [2018] HCA 12
Cran v State of New South Wales (2004) 62 NSWLR 95; [2004] NSWCA 92
D’Orta-Ekenaike v Victoria Legal Aid (2005) 223 CLR 1; [2005] HCA 12
Haines v Australian Broadcasting Corporation (1995) 43 NSWLR 404
Young v Racing NSW Ltd [2021] NSWSC 556

Texts Cited:
S Walmsley, A Abadee, B Zipser and G Sirtes, Professional Liability in Australia (3rd ed, 2016, Thomson Reuters)

Category: Principal judgment
Parties: Mr Gary Young (Applicant)
Racing NSW / Racing NSW Country (First Respondent)
Casino Racing Club Ltd (Second Respondent)
Richmond Valley Council (Third Respondent)
State of New South Wales (Fourth Respondent)
District Court of NSW (Fifth Respondent)
YPOL Pty Ltd (Sixth Respondent)
Swaab Attorneys (Seventh Respondent)
Representation:
Counsel:
Self-represented Applicant
B McClintock SC / G Ng (First, Second, Third, Sixth and Seventh Respondents)
G Bateman (Fourth and Fifth Respondents)
Solicitors:
YPOL Lawyers (First, Second and Sixth Respondents)
Swaab Attorneys (Third and Seventh Respondents)
Crown Solicitor’s Office (Fourth and Fifth Respondents)

File Number(s): 2021/180489
Decision under appeal

Court or tribunal:

Supreme Court of New South Wales

Jurisdiction:

Common Law

Citation:

[2021] NSWSC 556

Date of Decision:

21 May 2021

Before:

Bellew J

File Number(s):

2020/290023

Judgment

THE COURT: The applicant (Mr Gary Young) seeks leave to appeal from orders made by Bellew J on 21 May 2021 dismissing his proceedings commenced in the Common Law Division of the Supreme Court of New South Wales (Young v Racing NSW Ltd [2021] NSWSC 556). In those underlying proceedings Mr Young alleged that he had been discriminated against and denied procedural fairness in earlier District Court proceedings heard and dismissed by Gibson DCJ. His statement of claim in the Common Law Division named as defendants the three defendants to the District Court proceeding, their solicitors, the State of New South Wales and the District Court of New South Wales.

The proceedings in the District Court

Mr Young filed his statement of claim in the District Court at the Lismore registry on 19 July 2019. That statement of claim included allegations of defamation and negligence against the first to third defendants (Racing NSW, Casino Racing Club Ltd and Richmond Valley Council), arising from an online news publication which he alleged prevented him from renewing his licence to train racehorses.
Pursuant to the District Court’s Defamation List Practice Note, those proceedings were listed for a directions hearing before Levy SC DCJ in…

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 Young v Racing NSW

Details

AGLC: Young v Racing NSW [2021] NSWCA 241
Case: [2021] NSWCA 241
Decision Date: 07 October 2021

CaseChat Overview and Summary

The applicant, Mr. Young, sought leave to appeal a decision of the primary judge in the Supreme Court of New South Wales. The respondent was Racing NSW. The precise nature of the dispute before the primary judge is not detailed in the provided text, but the application for leave to appeal concerned the outcome of that earlier proceeding.

The central legal issue before the Court of Appeal was whether the proposed appeal had any reasonable prospect of success. This required the Court to assess the merits of the grounds of appeal that Mr. Young intended to raise.

Macfarlan and Meagher JJA determined that the proposed appeal had no prospect of success. While the specific reasons for this conclusion are not elaborated upon in the provided text, the Court's finding indicates that no arguable error of law or fact was identified in the primary judge's decision that would warrant granting leave to appeal.

Consequently, the summons seeking leave to appeal was dismissed, and Mr. Young was ordered to pay the costs of Racing NSW.

Orders

Orders of the court

Summons seeking leave to appeal dismissed with costs.

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:	Young v Racing NSW [2021] NSWCA 241
Hearing dates:	30 September 2021
Date of orders:	7 October 2021
Decision date:	07 October 2021
Before:	Macfarlan JA; Meagher JA
Decision:	Summons seeking leave to appeal dismissed with costs.
Catchwords:	APPEALS – application for leave to appeal – proposed appeal has no prospect of success
Legislation Cited:	Disability Discrimination Act 1992 (Cth), Part 2, s 125 Uniform Civil Procedure Rules 2005 (NSW), rr 13.4, 14.28, 36.15
Cases Cited:	Clone Pty Ltd v Players Pty Ltd (In Liq) (2018) 264 CLR 165; [2018] HCA 12 Cran v State of New South Wales (2004) 62 NSWLR 95; [2004] NSWCA 92 D’Orta-Ekenaike v Victoria Legal Aid (2005) 223 CLR 1; [2005] HCA 12 Haines v Australian Broadcasting Corporation (1995) 43 NSWLR 404 Young v Racing NSW Ltd [2021] NSWSC 556
Texts Cited:	S Walmsley, A Abadee, B Zipser and G Sirtes, Professional Liability in Australia (3rd ed, 2016, Thomson Reuters)
Category:	Principal judgment
Parties:	Mr Gary Young (Applicant) Racing NSW / Racing NSW Country (First Respondent) Casino Racing Club Ltd (Second Respondent) Richmond Valley Council (Third Respondent) State of New South Wales (Fourth Respondent) District Court of NSW (Fifth Respondent) YPOL Pty Ltd (Sixth Respondent) Swaab Attorneys (Seventh Respondent)
Representation:	Counsel: Self-represented Applicant B McClintock SC / G Ng (First, Second, Third, Sixth and Seventh Respondents) G Bateman (Fourth and Fifth Respondents) Solicitors: YPOL Lawyers (First, Second and Sixth Respondents) Swaab Attorneys (Third and Seventh Respondents) Crown Solicitor’s Office (Fourth and Fifth Respondents)
File Number(s):	2021/180489
Decision under appeal	Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law Citation: [2021] NSWSC 556 Date of Decision: 21 May 2021 Before: Bellew J File Number(s): 2020/290023