Golden v V’landys [2016] NSWCA 300

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Golden v V'landys [2016] NSWCA 300 Hearing dates: 22 September 2016 Decision date: 04 November 2016 Before: McColl JA at [1]; Leeming JA at [2]; Payne JA at [3]. Decision: (1) leave to appeal granted;

(2) the affidavit of Mr Golden sworn 6 September 2016 is admitted as evidence on this appeal pursuant to s 75A of the Supreme Court Act;

(3) further amended notice of appeal to be filed within 7 days of the date of publication of this judgment;

(4) ground 4 of the further amended notice of appeal is upheld;

(5) all remaining grounds of the further amended notice of appeal are dismissed;

(6) set aside orders of Adamson J of 17 November 2015 and in lieu thereof order:

(a) the decision of the first respondent dated 24 June 2011 to warn off the appellant from all race tracks controlled by the second respondent is quashed;

(b) the first and second respondents to pay 75 per cent of the appellant's costs of the appeal as agreed or assessed;

(c) within 7 days of the publication of this judgment the appellant to file submissions about the appropriate order for costs before the primary judge;

(d) within 14 days of the publication of this judgment the first and second respondents to file submissions about the appropriate order for costs before the primary judge;

(e) within 21 days of the publication of this judgment the appellant file submissions in reply about the appropriate order for costs before the primary judge. Catchwords: JUDICIAL REVIEW - decision of Racing NSW to warn off applicant from race courses - apprehended bias - whether fair minded observer might reasonably apprehend decision-maker might not apply impartial mind - whether logical connection between letter of demand from decision-maker's solicitors and apprehended deviation from making decision on merits - whether role in initiating warning off decision incompatible with making decision - whether claim of improper purpose established - failure to bring appeal within time - whether relief should be withheld as a matter of discretion - appeal allowed in part and decision quashed