Agricultural Societies Council of NSW v Christie [2016] NSWCA 331

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Agricultural Societies Council of NSW v Christie [2016] NSWCA 331 Hearing dates: 23 May 2016 Decision date: 01 December 2016 Before: Meagher JA at [1]; Ward JA at [83]; Leeming JA at [84] Decision: 1. Extend time for the applicant to file its summons seeking leave to appeal to 5pm on 9 March 2016. 2. Grant leave to the applicant to appeal from orders 1 and 2 made on 11 August 2015. 3. Direct the applicant file its amended notice of appeal within seven days. 4. Allow the appeal. 5. Set aside orders 1 and 2 made on 11 August 2015. 6. Dismiss the summons filed on 2 April 2015. 7. Respondent pay the applicant's costs of the proceedings below. 8. Respondent pay the applicant's costs of the appeal. Catchwords: ASSOCIATIONS AND CLUBS – Domestic tribunal – Jurisdiction of courts to interfere in decision of disciplinary committee – decision to suspend respondent show horse trainer from events after found in breach of disciplinary rules – where no contract between respondent and applicant agricultural society or other private law right as basis for court's jurisdiction to grant relief – whether decision amenable to orders in the nature of certiorari for jurisdictional review or to private law remedies such as declaration or injunction

JUDICIAL REVIEW – reasonable apprehension of bias – where decision to suspend respondent trainer after horse tested positive for prohibited substances – where member of disciplinary committee determining penalty involved in selecting horse for testing and overseeing horse swabbing procedure and sample testing procedures – whether fair-minded observer might reasonably apprehend decision-maker might not apply an impartial mind – whether member had an "interest" in the process akin to that of a prosecutor that might cause him to deviate from proper decision-making Legislation Cited: Building and Construction Industry Security of Payment Act 1999 (NSW) Corporations Act 2001 (Cth), s 140 Domestic Animals Act 1994 (Vic), s 29(4) Judicial Review Act 1991 (Qld) Supreme Court Act 1970 (NSW), s 69 Cases Cited: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Amos v Western New South Wales Local Health District [2016] NSWSC 1162 Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Australian Football League v Carlton Football Club Ltd [1998] 2 VR 546 Australian Workers' Union v Bowen [No 2] (1947) 77 CLR 601 Bird v Ford [2014] NSWCA 242 Buckley v Tutty (1971) 125 CLR 353 Chase Oyster Bar Pty Ltd v Hamo Industries Pty Ltd (2010) 78 NSWLR 393; [2010] NSWCA 190 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Dickason v Edwards (1910) 10 CLR 243 Forbes v New South Wales Trotting Club Limited (1979) 143 CLR 242 Golden v V'landys [2016] NSWCA 300 Griffith University v Tang (2005) 221 CLR 99; [2005] HCA 7 Heatley v Tasmanian Racing and Gaming Commission (1977) 137 CLR 487 Isbester v Knox City Council (2015) 255 CLR 135; [2015] HCA 20 Khuu & Lee Pty Ltd v Corporation of the City of Adelaide (2011) 110 SASR 235; [2011] SASCFC 70 Laws v Australian Broadcasting Tribunal (1990) 170 CLR 70 Maloney v New South Wales National Coursing Association Ltd [1978] 1 NSWLR 161 Mickovski v Financial Ombudsman Service Ltd (2012) 36 VR 456; [2012] VSCA 185 Mitchell v Royal New South Wales Canine Council Limited (2001) 52 NSWLR 242; [2001] NSWCA 162 Mullins v McFarlane [2006] EWHC 986 (QB) Mullins v The Appeal Board of the Jockey Club [2005] EWHC 2197 (Admin) R v Criminal Injuries Compensation Board; Ex parte Lain [1967] 2 QB 864 R v Panel on Take-overs and Mergers, Ex parte Datafin Plc [1987] QB 815 Regina v Disciplinary Committee of the Jockey Club, Ex parte Aga Khan [1993] 1 WLR 909 Rigby v Connol (1880) 14 Ch D 482 Ririnui v Landcorp Farming Ltd and The Attorney-General [2016] NZSC 62 Stollery v the Greyhound Racing Control Board (1972) 128 CLR 509 Texts Cited: J Boughey and G Weeks, "'Officers of the Commonwealth' in the Private Sector: Can the High Court Review Outsourced Exercises of Power?" (2013) 36 UNSWLJ 316