Trainor v Harness Racing New South Wales & Anor [2023] NSWSC 1278

Supreme Court New South Wales

Medium Neutral Citation: Trainor v Harness Racing New South Wales & Anor [2023] NSWSC 1278 Hearing dates: 24 October 2023 Date of orders: 27 October 2023 Decision date: 27 October 2023 Jurisdiction: Equity - Duty List Before: Nixon J Decision: (1) Order that the Summons filed on 18 October 2023 be dismissed. (2) Order that the Plaintiff pay the Defendants' costs of the proceedings. Catchwords: BIAS – apprehended bias – chair of a panel conducting inquiry had previously investigated the matters the subject of the inquiry – consideration of role of stewards in investigating and determining contraventions of rules – contention of apprehended bias not established PRACTICE AND PROCEDURE – whether application to disqualify chair of panel for bias should be determined in the first instance by challenged member alone or by all members of Panel as constituted Legislation Cited: Harness Racing Act 2009 (NSW) Racing Appeals Tribunal Act 1983 (NSW) Cases Cited: Day v Sanders; Day v Harness Racing New South Wales (2015) 90 NSWLR 764; [2015] NSWCA 324 Dickason v Edwards (1910) 10 CLR 243 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Hall v New South Wales Trotting Club Ltd [1977] 1 NSWLR 378 Isbester v Knox City Council (2015) 255 CLR 135; [2015] HCA 20 NSW Thoroughbred Racing Board v Waterhouse & Anor (2003) 56 NSWLR 691; [2003] NSWCA 55 QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 15 R v Brewer; Ex parte Renzella [1973] VR 375 Stollery v The Greyhound Racing Control Board (1972) 128 CLR 509; [1972] HCA 53 Category: Principal judgment Parties: Jack Trainor (Plaintiff) Harness Racing New South Wales (First Defendant) Michael Prentice (Second Defendant) Representation: Counsel: J Ireland KC (Plaintiff) O Jones (First and Second Defendant)