Queensland Trotting Board v McLean [1972] HCA 13

High Court of Australia Barwick C.J. Owen and Walsh JJ. Queensland Trotting Board v McLean [1972] HCA 13

ORDER Special leave to appeal granted limited to the question whether the Full Court of the Supreme Court of Queensland, having found that the Queensland Trotting Board had acted in breach of natural justice in hearing the appeal of John Edward McLean and Harry Vosilaitis, could grant the orders for prohibition made by it on 14th December 1971. Appeal allowed. Order of the Supreme Court set aside and in lieu thereof order that a writ of certiorari issue to quash the decision of the Queensland Trotting Board made on 21st October 1971. The Queensland Trotting Board to pay the prosecutors' costs of the application in the Supreme Court. Feb. 25 Barwick C.J.

The respondents, the owner and driver of a horse in a race conducted on 15th September 1971 by the Albion Park Trotting Club, Queensland, were disqualified for a period of twelve months by the stewards of that club.

They appealed to the Queensland Trotting Board pursuant to the Rules of Trotting. The committee of that Board, which I will refer to in what I am going to say as "the committee", all of the members of the committee participating, dismissed the respondents' appeal.

The respondents sought of the Supreme Court prohibition to restrain the Board from further proceeding upon its decision to dismiss the respondents' appeal, and upon the disqualification of the respondents by the stewards.

The Supreme Court was satisfied that the committee in hearing the appeal had denied the respondents natural justice. This opinion was founded upon evidence that the members of the committee in viewing films, one of the race in question and another of a race held on the prior week, allowed the chief steward of the Trotting Club to point out features of the film and perhaps otherwise to speak to them in the absence of the respondents.