NSW Caselaw
New South Wales Supreme Court
CITATION : Racing New South Wales v Sydney Turf Club & Ors [2005] NSWSC 426
HEARING DATE(S) : 26, 27, 28, 29 April 2005 2 May 2005
JUDGMENT DATE : 3 May 2005
JURISDICTION : Commercial List
JUDGMENT OF : Bergin J
DECISION : [SEPARATE QUESTIONS]- Part 31 questions - Did the plaintiff have power to issue the particular directions - Were the directions actually authorised - Should the directions be quashed for failure to provide procedural fairness. Answers: No; No; Yes
CATCHWORDS : [STATUTORY CONSTRUCTION] - The role of the plaintiff as the representative body controlling thoroughbred horse racing in New South Wales - Whether the Thoroughbred Racing Act 1996 (NSW) and / or the Totalizator Act 1997 (NSW) gave to the plaintiff power to issue directions to the defendants prohibiting them from entering into contracts for the broadcasting of horse races from their racecourses without the plaintiff's written consent - [CONTRACTS] - The nature and extent of the plaintiff's obligations under a series of contracts which provide for the distribution of revenue from wagering to the racing industry - Whether those contracts entitled the plaintiff to issue the directions - [ADMINISTRATIVE LAW] - The nature of the plaintiff's obligations under the Acts - Apprehension of Bias
Australian Jockey Club Act 1873 (NSW) Supreme Court Act 1970 (NSW) Supreme Court Rules 1970 (NSW) LEGISLATION CITED : Sydney Turf Club Act 1943 (NSW) Thoroughbred Racing Act 1996 (NSW) Totalizator Act 1997 (NSW) Totalizator Agency Board Privatisation Act 1997 (NSW)
Aerial Taxi Cabs Co-operative Society Ltd v Lee (2001) 178 ALR 73 Allen v Thorn Electrical Industries Ltd [1968] 1 QB 487 Bropho v State of Western Australia (1990) 171 CLR 1 FCT v Australia & New Zealand Banking Group Ltd (1979) 143 CLR 499 Hughes & Anor v NM Superannuation Pty Ltd & Anor (1993) 29 NSWLR 653 Kioa v West (1985) 159 CLR 550 CASES CITED : Legal & General Insurance Australia Ltd v Board of Fire Commissioners of NSW [1982] 1 NSWLR 555 Legal & General Insurance Australia Ltd v Board of Fire Commissioners of NSW [1983] 2 NSWLR 131 NM Superannuation Pty Ltd v Hughes & Ors (1992) 27 NSWLR 26 The Commonwealth of Australia v The State of New South Wales (1923) 33 CLR 1 Transfield Pty Ltd v Arlo International Ltd (1980) 144 CLR 83 Waterhouse v New South Wales Thoroughbred Racing Board [2003] NSWSC 541
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate