Absalom v Greyhound Racing New South Wales ABN 61018166136 [2018] NSWSC 207

Supreme Court New South Wales

Medium Neutral Citation: Absalom v Greyhound Racing New South Wales ABN 61018166136 [2018] NSWSC 207 Hearing dates: 06 February 2018 Date of orders: 28 February 2018 Decision date: 28 February 2018 Jurisdiction: Common Law Before: Rothman J Decision: (1) Summons dismissed;

(2) The plaintiff shall pay the first defendant's costs of and incidental to the proceedings; and

(3) Otherwise, the proceedings are dismissed. Catchwords: ADMINISTRATIVE LAW – challenge to implementation of policy of Greyhound Racing NSW as inconsistent with Rules and not authorised by Act - duty to prevent harm to dog not inconsistent with procedure to provide water in kennel at racetrack, even though particular dog may harm itself. Legislation Cited: Greyhound Racing Act 2009 (NSW), ss 5, 9, 10, 23, 24, 29, 48(1)(b) Racing Appeals Tribunal Act 1983 (NSW), s 15A Cases Cited: Australian Maritime Officers' Union v Assistant Minister for Immigration and Border Protection (2015) 230 FCR 523; [2015] FCAFC 45 Commonwealth v Grunseit (1943) 67 CLR 58; [1943] HCA 47 Day v Sanders; Day v Harness Racing New South Wales (2015) 90 NSWLR 764; [2015] NSWCA 324 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 77 ALJR 1088; [2003] HCA 26 Minister for Industry & Commerce v. Tooheys Ltd (1982) 60 FLR 325; [1982] FCA 135 Sullivan v Department of Transport (1978) 20 ALR 323; (1978) 1 ALD 383 Vanstone v Clark (2005) 147 FCR 299; [2005] FCAFC 189 Category: Principal judgment Parties: Carly Abaslom (Plaintiff) Greyhound Racing New South Wales ABN 61018166136 (First Defendant) Racing Appeals Tribunal (Second Defendant) Representation: Counsel: D Robertson (Plaintiff) A Shearer/K Pham (First Defendant)