Waterhouse v New South Wales Thoroughbred Racing Board [2003] NSWSC 541

New South Wales Supreme Court

CITATION : Waterhouse v New South Wales Thoroughbred Racing Board [2003] NSWSC 541 HEARING DATE(S) : 6 June 2003 JUDGMENT DATE : 20 June 2003 JURISDICTION: Equity Division JUDGMENT OF : Davies AJ DECISION : Show cause proceedings stayed.

CATCHWORDS : Prerogative Relief - whether proceedings on show cause notice should be stayed - whether reasonable apprehension of bias on the part of members of the Thoroughbred Racing Board - principles of natural justice LEGISLATION CITED : Thoroughbred Racing Board Act 1996, ss 6, 13, 14, 15, 24, 42, 44 Johnson v Johnson (2000) 201 CLR 488 CASES CITED : Laws v Australian Broadcasting Tribunal (1990) 170 CLR 70 Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 Walton v Gardiner (1993) 177 CLR 378 PARTIES : Robert William Waterhouse (Plaintiff) New South Wales Thoroughbred Racing Board (Defendant) FILE NUMBER(S) : SC 2990/03 COUNSEL : P Brereton SC / A Vincent (Plaintiff) S Rushton SC / J Smith (Defendant) SOLICITORS : Jeffreys & Associates (Plaintiff) Watson Mangioni (Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

DAVIES AJ

Friday, 20 JUNE 2003

2990/03 Robert William Waterhouse v New South Wales Thoroughbred Racing Board REASONS 1 HIS HONOUR: The plaintiff, Robert William Waterhouse, is a licensed bookmaker whose licence was suspended for nine months from 16 August 2002. Various appeals from that order of suspension were finalised by a judgment of the Court of Appeal of this Court on 16 April 2003. On 2 May 2003 the defendant, the New South Wales Thoroughbred Racing Board ("the Board") served notice upon Mr Waterhouse requiring him to show cause why it should not cancel his licence as a bookmaker pursuant to Local Rule 51(2) or alternatively revoke his licence as a bookmaker pursuant to Australian Rule of Racing 7(b) upon the basis that he is not a fit and proper person to hold such a licence. Mr Waterhouse seeks an order of the Court restraining the Board from embarking upon or continuing with the hearing proposed to be held pursuant to that notice. The hearing is presently fixed for 24 June 2003. 2 Mr P Brereton SC, with him Mr Vincent of counsel, appeared for Mr Waterhouse. Mr S Rushton SC, with him Mr J Smith of counsel, appeared for the Board. 3 The Board was established by the Thoroughbred Racing Board Act 1996 ("the Act"). The membership of the Board is prescribed by s 6 of the Act and includes persons nominated by organisations such as the Australian Jockey Club and the Sydney Turf Club and other organisations having an interest in the thoroughbred racing industry. The Chief Executive, Mr Mervyn Hill, is a member of the Board but does not have a vote at meetings of the Board. 4 Section 13 of the Act specifies the functions of the Board and they include all the functions of the principal club for New South Wales and the committee of the principal club for New South Wales under the Australian Rules of Racing and the function of controlling, supervising and regulating horse racing in the State. 5 Section 14 of the Act specifies powers of the Board, including the following:- "(b) register or licence, or refuse to register or licence, or cancel or suspend the registration or licence of, a race club, or an owner, trainer, jockey, stablehand, bookmaker, bookmaker's clerk or another person associated with racing, or disqualify or suspend any of those persons permanently or for a specified period, (c) supervise the activities of race clubs, persons licensed by the Board and all other persons engaged in or associated with racing, (d) inquire into and deal with any matter relating to racing and to refer any such matter to stewards or others for investigation and report and, without limiting the generality of this power, to inquire at any time into the running of any horse on any course or courses, whether or not a report concerning the matter has been made or decision arrived at by any stewards, (l) impose a penalty on a person licensed by it or on an owner of a horse for a contravention of the Rules of Racing."