Greyhound Welfare and Integrity Commission v Bell [2023] NSWSC 1150

Supreme Court New South Wales

Medium Neutral Citation: Greyhound Welfare and Integrity Commission v Bell [2023] NSWSC 1150 Hearing dates: 28 June 2023 Date of orders: 22 September 2023 Decision date: 22 September 2023 Jurisdiction: Common Law Before: N Adams J Decision: (1) The summons is dismissed. (2) The plaintiff is to pay the first defendant's costs on the ordinary basis. Catchwords: ADMINISTRATIVE LAW – JUDICIAL REVIEW – where greyhound tested positive to prohibited substances after a race – whether factual finding as to when the greyhound ingested the prohibited substances was legally unreasonable – finding was based on expert evidence – high threshold for establishing legal unreasonableness or illogicality – not established – whether Commission was denied procedural fairness in not being on notice that the Tribunal would find the contamination happened post-race – where finding not specifically advanced by the parties – Commission was on notice and had the opportunity to make submissions – whether Commission was on notice that the Tribunal would accept expert evidence as to timing but not contamination – no denial of procedural fairness – whether penalty imposed was unreasonable or irrational because it was manifestly inadequate – not established Legislation Cited: Greyhound Racing Act 2017 (NSW), ss 4, 55, 58(1), 59(1) Greyhound Racing Rules 2022, rr 42(2), 83(2(a) Racing Appeals Tribunal Act 1983 (NSW), ss 5, 6, 15A, 16(1)(2), 17A(1)(2), 18 Racing Appeals Tribunal Regulations 2015 (NSW), regs 9(1), 10 Supreme Court Act 1970 (NSW), s 69 Cases Cited: Donaghy t/as GJ Donaghy & Company Solicitors v Legal Aid Commission of NSW [2022] NSWSC 626 House v The King (1936) 55 CLR 499; [1936] HCA 40 Kavanagh v Racing New South Wales [2019] NSWSC 40 Kirk v Industrial Court of New South Wales (2010) 239 CLR 531; [2010] HCA 1 Kostas v HIA Insurance Services Pty Limited (2010) 241 CLR 390; [2010] HCA 32 McDonough v Harness Racing Victoria [2008] VRAT Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 6 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82; [2000] HCA 57 Category: Principal judgment Parties: Greyhound Welfare and Integrity Commission (Plaintiff) Andrew Bell (First Defendant) Racing Appeals Tribunal (Second Defendant) Representation: Counsel: Mr D Villa SC with Mr M Watts (Plaintiff) Mr M Maconachie (First Defendant)