Greyhound Welfare and Integrity Commission v Verhagen & Anor [2023] NSWSC 1140

Supreme Court New South Wales

Medium Neutral Citation: Greyhound Welfare and Integrity Commission v Verhagen & Anor [2023] NSWSC 1140 Hearing dates: 14 September 2023 Date of orders: 20 September 2023 Decision date: 20 September 2023 Jurisdiction: Common Law Before: Elkaim AJ Decision: 1. An order, pursuant to s 69 of the Supreme Court Act 1970 (NSW), in the nature of certiorari, quashing the decision of the second defendant to dismiss Charge 13 brought by the plaintiff against the first defendant. 2. An order, pursuant to s 60 of the Supreme Court Act 1970 (NSW), in the nature of mandamus, requiring the second defendant to dismiss the first defendant's appeal against Charge 13 brought pursuant to s 15A(2) of the Racing Appeals Tribunal Act 1983 (NSW). 3. The matter is remitted in respect of Charge 13 to the second defendant to determine any penalty arising from the finding of liability in respect of this charge. 4. Each party is to pay its own costs of the proceedings. 5. I will hear the parties if any alternative costs order is sought. Catchwords: ADMINISTRATIVE LAW – judicial review of decision by the Racing Appeals Tribunal – whether jurisdictional error or error of law established – nature of test to be applied – where greyhound trainer and breeder failed to provide assistance to injured greyhound pups Legislation Cited: Greyhound Racing Act 2017 (NSW), ss 11, 35 Greyhound Racing Rules 2017 (NSW), rr 86(o), 106(d) Prevention of Cruelty to Animals Act 1979 (NSW), s 4(2) Supreme Court Act 1970 (NSW), s 69 Cases Cited: Craig v South Australia (1995) 184 CLR 163; [1995] HCA 58 Plaintiff M64/2015 v Minister for Immigration and Border Protection (2015) 258 CLR 173; [2015] HCA 50 Category: Principal judgment Parties: Greyhound Welfare and Integrity Commission (Plaintiff) Alexander Verhagen (First Defendant) Racing Appeals Tribunal (Second Defendant) Representation: Counsel: Mr M Watts (Plaintiff) Mr S Sykes (First Defendant)