Goadsby & Ors v Harness Racing New South Wales & Ors [2024] NSWSC 383

Supreme Court New South Wales

Medium Neutral Citation: Goadsby & Ors v Harness Racing New South Wales & Ors [2024] NSWSC 383 Hearing dates: 27 March 2024 Date of orders: 12 April 2024 Decision date: 12 April 2024 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) I decline to make the orders set out in paragraphs 1, 2 and 3 of the motion. (2) That part of the motion is dismissed. (3) I order the plaintiff to pay the first defendant's costs in respect of that part of the motion which has been determined. (4) I grant liberty to the plaintiff to apply on 3 days notice with respect to the balance of the motion. (5) I grant liberty to the parties to have the matter relisted for future directions. Catchwords: ADMINISTRATIVE LAW – summons seeking judicial review of decisions made under the Australian Harness Racing Rules – where plaintiff was issued with directions to produce his mobile phones to stewards of Harness Racing NSW – where plaintiff contends that directions ultra vires to the extent they infringe legal professional privilege ADMINISTRATIVE Law – Remedies – Equitable remedies – Injunction – where plaintiff seeks interlocutory injunction to restrain the stewards from imposing a penalty for his refusal to comply with the direction to produce his mobile phone – whether the summons raises a serious issue to be tried – where plaintiff has available other avenues of appeal against any penalty to be imposed – whether an injunction should be granted in such circumstances – where impugned decisions relate to matters of public interest – application of principles discussed in New South Wales Bar Association v Stevens Legislation Cited: Harness Racing Act 2009 (NSW) Racing Appeals Tribunal Act 1983 (NSW), s 15B Supreme Court Act 1970 (NSW), s 66 Australian Harness Racing Rules, rr 15B, 187 Cases Cited: A Person v Independent Commission Against Corruption (No 3) [2021] SASC 31 Abbas v NSW Commissioner of Police [2019] NSWSC 588 ACT Integrity Commission v Levy (a pseudonym) (No 2) (2022) 371 FLR 527 Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd [2001] HCA 63; 208 CLR 199 Daniels Corporation International Pty Ltd v Australian Competition and Consumer Commission [2002] 192 ALR 561 Fletcher v Racing NSW [2019] NSWSC 358 JMA Accounting Pty Ltd v Carmody [2004] FCAFC 274 Kamha v Australian Prudential Regulation Authority [2007] FCA 1422 New South Wales Bar Association v Stevens [2003] NSWCA 95 Racing New South Wales v Fletcher [2020] NSWCA 9 Ross v Harness Racing NSW [2020] NSWSC 1397 Trainor v Harness Racing New South Wales & Anor [2023] NSWSC 1278 Category: Principal judgment Parties: Aaron Goadsby (First Plaintiff) Pit Patrol Pty Ltd (Second Plaintiff) Pit Glass Patrol Pty Ltd (Third Plaintiff) Pit Patrol Hire Pty Ltd (Fourth Plaintiff) Pit Patrol Labour Pty Ltd (Fifth Plaintiff) 3PEG Investments Pty Limited (Sixth Plaintiff) Seventy Four Gee Pty Ltd (Seventh Plaintiff) 614 272 641 Pty Ltd (Eighth Plaintiff) Gooz Holdings Pty Ltd (Ninth Plaintiff) Harness Racing New South Wales (First Defendant) Michael Prentice (Second Defendant) Clint Bentley (Third Defendant) Nathan Moy (Fourth Defendant) Representation: Counsel: V Heath (Plaintiffs) K Richardson SC and S Jeliba (First Defendant)