Ings v Racing New South Wales (No 2) [2022] NSWSC 1137

Supreme Court New South Wales

Medium Neutral Citation: Ings v Racing New South Wales (No 2) [2022] NSWSC 1137 Hearing dates: 25 August 2022 Date of orders: 25 August 2022 Decision date: 25 August 2022 Jurisdiction: Common Law Before: Basten AJ Decision: (1) Noting that the interlocutory injunctions granted on 2 May 2022 and continued on 19 May 2022 have terminated with the delivery of judgment today, the Court further orders: (a) Racing NSW be restrained from carrying into effect the penalty imposed by the Racing Appeals Tribunal on 2 May 2022, and (b) the operation of the order dismissing the summons for judicial review be stayed, until 12 noon on Monday 26 September 2022. (2) The parties have liberty to apply on 24 hours' notice to my associate or the duty judge. (3) The costs of the application for injunctive relief and a stay be costs in the further interlocutory proceedings in this Court. Catchwords: CIVIL PROCEDURE – post-judgment stay of orders – interlocutory injunction pending decision as to appeal – application for orders restraining defendant from acting on penalty imposed by Tribunal not set aside on appeal – if order takes effect plaintiff liable to serve penalty of disqualification with no opportunity for interim reinstatement Legislation Cited: Supreme Court Act 1970 (NSW), ss 66(4), 101(2) Category: Consequential orders Parties: Wanda Ings (Plaintiff) Racing New South Wales (First Defendant) Racing Appeals Tribunal of New South Wales (Second Defendant) Representation: Counsel: Ms V M Heath (Plaintiff)