Stollery v Greyhound Racing Control Board [1972] HCA 53

High Court of Australia Barwick C.J. McTiernan, Menzies, Gibbs and Stephen JJ. Stollery v Greyhound Racing Control Board [1972] HCA 53

ORDER Appeal allowed with costs. Order of the Supreme Court of New South Wales, Court of Appeal Division, set aside and in lieu thereof order that the order nisi for writ of certiorari, made by Mr. Justice Slattery on 7th January 1972 be made absolute. Respondent to pay prosecutor's costs of the application.

Cur. adv. vult.

The following written judgments were delivered:—

Oct. 27 Barwick C.J.

The appellant, John Leslie Stollery, appeals by special leave of this Court against a decision of the Supreme Court of New South Wales, Court of Appeal Division, discharging a rule nisi for prohibition to restrain further proceedings upon a decision of the Greyhound Racing Control Board (the Board) or in the alternative for certiorari to bring up that decision to be quashed. By its decision the Board purported to disqualify the appellant as a bookmaker registered with the Board for the space of twelve months as from the date of the decision, namely, 13th August 1971. The ground on which the appellant sought the prerogative writs was that in the hearing of the matter in respect of which the decision was given by the Board natural justice was not observed. The Supreme Court was of opinion that it was.

The facts and circumstances of the matter are few. The Board is constituted by s. 56C (1) of the Gaming and Betting Act, 1912-1968 N.S.W. as a body corporate to control and regulate greyhound racing in New South Wales. In particular it is directed to control and regulate greyhound racing and empowered "in accordance with the rules" to "disqualify either permanently or temporarily any greyhound, or owner, trainer, bookmaker or bookmaker's clerk, or other person associated with greyhound racing from participating in or associating with greyhound racing" (s. 56G (1) (c) (iii)), and to make rules "for and with respect to the control and regulation of greyhound racing" (s. 56H (1)).