NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Ross v Harness Racing NSW [2020] NSWSC 1397 Hearing dates: 9 October 2020 Date of orders: 9 October 2020 Decision date: 12 October 2020 Jurisdiction: Common Law Before: Fagan J Decision: Summons for judicial review dismissed with costs. Catchwords: ADMINISTRATIVE LAW – summons for judicial review – whether Racing Appeals Tribunal has jurisdiction to amend particulars of charge – summons dismissed Legislation Cited: Harness Racing Act 2009 (NSW) Justices Act 1901 (NSW)(rep) Racing Appeals Tribunal Act 1983 (NSW) Racing Appeals Tribunal Regulation 2015 Supreme Court Act 1970 (NSW) Cases Cited: Builders Licensing Board v Spurway Constructions (Syd) Pty Ltd (1976) 135 CLR 616 Comcare v Brown [1998] FCA 1144; (1998) 157 ALR 522 Dawson v Greyhound Racing Victoria [2017] VSC 123 Freeman v The Secretary, Department of Social Security (1988) 19 FCR 342; [1988] FCA 294 Shi v Migration Agents Registration Authority (2008) 235 CLR 286; [2008] HCA 31 Category: Principal judgment Parties: Robert Ross (plaintiff) Harness Racing NSW (defendant) Representation: Counsel: D Robertson (plaintiff) S Jeliba (defendant)
Solicitors: Hammond Nguyen Turnbull (plaintiff) Cockburn & Co (defendant) File Number(s): 2020/181914 Publication restriction: No Decision under appeal Court or tribunal: Racing Appeals Tribunal Date of Decision: 20 May 2020 Before: D B Armati
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