Day v Sanders; Day v Harness Racing New South Wales [2015] NSWCA 324

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Day v Sanders; Day v Harness Racing New South Wales [2015] NSWCA 324 Hearing dates: 4 and 5 August 2015 Decision date: 16 October 2015 Before: Basten JA at [1]; Leeming JA at [117]; Simpson JA at [131] Decision: (1) With respect to the summons issued in the Common Law Division on 10 March 2015 and removed into this Court by order made on 11 March 2015, dismiss the summons and order that the applicants pay the respondents' costs of the summons, both here and in the Division.

(2) With respect to the application seeking leave to appeal from the judgment of Adams J of 11 March 2015, dismiss the summons with costs.

(3) With respect to the summons seeking leave to appeal from the judgment of Adamson J given on 9 March 2015, (a) grant the applicants leave to appeal; (b) direct that the applicants file the draft notice of appeal contained in the joint red appeal book filed on 26 June 2015 within seven days; (c) dismiss the appeal; (d) order that the applicants pay the respondents' costs of the summons and the proposed appeal. Catchwords: BIAS – apprehended bias – pre-judgment – conflict of interest – member of a panel conducting inquiry had prior involvement in the events relating to the inquiry – recusal application refused – whether member's interests logically connected with the inquiry – whether evaluative judgement by the panel required

JUDICIAL REVIEW – application for judicial review of decision of stewards' inquiry under Harness Racing Act 2009 (NSW) – applicants independently invoked statutory right of appeal to Racing Appeals Tribunal – whether appeal to the Racing Appeals Tribunal exclusive remedy – whether judicial review available – whether relevant to discretionary refusal of relief