Dr Ross Gregory Pedrana v Racing NSW [2014] NSWSC 462

Supreme Court New South Wales

Medium Neutral Citation: Dr Ross Gregory Pedrana v Racing NSW [2014] NSWSC 462 Hearing dates: 17, 18, 19 December 2013, 4 February 2014, 17 February 2014, 19 March 2014, 24 March 2014 Decision date: 24 March 2014 Before: Rothman J Decision: 1. Summons dismissed. 2. Subject to Order 4, the plaintiffs pay the defendants costs of and incidental to the proceedings. 3. Any party seeking a special or different order as to costs shall file and serve an application therefor within fourteen (14) days of the publication of the reasons for judgment. Such application shall be accompanied by an outline of submissions of no more than three (3) pages and any documentation upon which the party relies. 4. Any party affected by any proposed vacation or variation of Order 3, herein may reply thereto. Any such reply shall be filed and served within (7) days of the receipt of the aforementioned application and shall be subject to the same conditions as to length and accompanying documents as set out above for the application. 5. Parties have liberty to approach my Associate and restore the matter on two days' notice. 6. Otherwise, proceedings dismissed. Catchwords: ADMINISTRATIVE LAW - STATUTORY CONSTRUCTION - "another person associated with racing" - licensing power - abrogation of rights - alleged inconsistency in regimes under Thoroughbred Racing Act 1996 and Veterinary Practice Act 2003 Legislation Cited: Thoroughbred Racing Act 1996 (NSW) Veterinary Practice Act 2003 (NSW) Veterinary Surgeons Act 1986 (NSW) Cases Cited: CIC Insurance Ltd v Bankstown Football Club Ltd [1997] HCA 2; (1997) 187 CLR 384 Goodwin v Phillips (1908) 7 CLR 1 Harrington-Smith on behalf of the Wongatha People v State of Western Australia (No 9) [2007] FCA 31 Lilley v Lindsay-Smith [2001] WASCA 168 Project Blue Sky v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 Re Latham (deceased) [1962] Ch 616 Texts Cited: Australian Concise Oxford Dictionary (4th edition, 2004) Category: Principal judgment Parties: Dr Ross Gregory Pedrana (Plaintiff) Dr David Russel Johnson (Plaintiff) Dr Allan Charles Frogley (Plaintiff) Dr Nicholas John Kannegieter (Plaintiff) Dr Christopher Gerard Lawler (Plaintiff) Racing New South Wales (Defendant) Representation: Counsel: TGR Parker SC/OR Jones (Plaintiff) CRC Newlinds SC/JS Emmett (Defendant) Solicitors: Holman Webb Lawyers (Plaintiff) Yeldham Price O'Brien Lusk (Defendant)