Pedrana v NSW Racing [2013] NSWSC 2000

Supreme Court New South Wales

Medium Neutral Citation: Pedrana v NSW Racing [2013] NSWSC 2000 Hearing dates: 17-18/12/2013 Decision date: 19 December 2013 Before: Rothman J Decision: 1. The defendant, its servants or agents, be restrained from preventing or restricting, directly or indirectly, any one or more of the plaintiffs herein from attending or treating a thoroughbred racehorse in training or racing for a reason that includes the operation of, or their failure to be licensed under, Local Rule 82C of the Rules of Racing. 2. The proceedings be expedited. 3. The matter be listed for hearing on 4/02/2014. 4. Costs be costs in the cause. Catchwords: ADMINISTRATIVE LAW - STATUTORY CONSTRUCTION - interlocutory relief - alleged inconsistency between two State statutes or subordinate legislation - regime to be implemented involved abrogation of rights otherwise held - orders issued. Legislation Cited: Thoroughbred Racing Act 1996 Veterinary Practice Act 2003 Cases Cited: ABC v O'Neill [2006] HCA 46; (2006) 227 CLR 57 Category: Interlocutory applications Parties: Dr Ross Gregory Pedrana (1st Plaintiff) Dr David Russell Johnson (2nd Plaintiff) Dr Allan Charles Frogley (3rd Plaintiff) Dr Nicholas John Kannegieter (4th Plaintiff) Dr Christopher Gerard Lawler (5th Plaintiff) Racing NSW (Defendant) Representation: Counsel: AJ McInerney SC / O Jones (Plaintiffs) C Newlinds SC / JS Emmett (Defendant) Solicitors: Holman Webb (Plaintiffs) Yeldham Price O'Brien Lusk (Defendant) File Number(s): 2013/372880